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{
    "id": 993043,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/993043/?format=api",
    "text_counter": 14,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "(d)even if the 28 available slots in the Senate are allocated only to heads of delegations, it would mean that all of 19 county delegations and the specially elected Senators who represent persons with disabilities, women and the youth would be left out of the proceedings. This is further complicated by the need to maintain party proportions in the Chamber; (e)ordinarily, voting in the Senate is electronic while voting in the National Assembly is by acclamation. With the COVID-19 situation, while the voice vote is unaffected, electronic voting in our chamber has not been recommended because of a number of factors, including the so called \"assisted voters\" who have to come to the Clerks' Table to vote and the paperwork entailed in the printouts of the results. In any case, the electronic voting provided for in the Senate Standing Orders is predicated on physical presence in the Chamber and would not therefore solve the problem of the limitation of the numbers permitted in the Chamber. Thus while the National Assembly did not have to change its method of voting, the Senate had to resort to the roll-call method of voting; and (f)at the time of issuance of the guidelines, the Senate had resolved to hold only one sitting in a week between the hours of 2.30 p.m. and 4.30 p.m and, therefore, it was important to transact business in the most efficient manner in the two hours available. All the foregoing notwitstanding, did the Senate, therefore, resort to allowing or empowering the Senate Majority Leader and the Senate Minority Leader to vote on behalf of other Senators? The answer is an emphatic and resounding ‘No.’ Hon. Senators, Article 122(1) of the Constitution provides that: “Except as otherwise provided in the Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the Members in that House, present and voting.” Article 123(4) provides that: “Except as provided otherwise in the Constitution, in any matter in the Senate affecting counties each county delegation shall have one vote to be cast on behalf of the county by the head of the county delegation, or in the absence of the head of the delegation by another Member of the delegation designated by the head of the delegation.” Article 259(1) of the Constitution requires that the Constitution be interpreted in a manner that promotes its purposes, values and principles; advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; permits the development of the law; and contributes to good governance. In addition, Article 259 (3) of the Constitution provides that every provision of the Constitution shall be construed according to the doctrine of interpretation that the law is always speaking. Our purpose for interpretation of Article 259 of the Constitution, therefore, means that Articles 112 and 123 of the Constitution must be construed in a manner that enables the Senate to continue to operate even at a time when it faces the challenges presented by the COVID-19 health crisis. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}