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{
    "id": 993044,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/993044/?format=api",
    "text_counter": 15,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "As such, a voting procedure that provides an opportunity to all the county delegations to participate in any vote on a matter concerning counties is not merely desirable; it is mandatory. To do otherwise is to violate the Constitution. The guidelines that were issued on 17th April were introduced to ensure efficiency in the Roll Call method and for better time management in the Chamber, as well as to ensure that county delegations have an equal opportunity of voting on matters concerning counties, whether they made it in the list of the 28 Senators designated to sit in the Chamber or not. This was achieved, firstly, by construing the term ‘present and voting’ as used in the Constitution to mean not just the Senators sitting in the Chamber, but also those others within the designated places in the precincts of Parliament that were deemed to be part of the extended Senate Chamber. Secondly, by allowing the votes once cast by the Senators themselves to be communicated at once by the respective leaders during the Roll Call, instead of each Senator in the Chamber standing to answer the Roll Call and the votes of those outside the Chamber being communicated by a different medium. Those who had alleged that some Senators are voting on behalf of others have misconstrued how voting on matters affecting counties have been taking place. The guidelines make it clear that the vote is cast by each Senator, but communicated to the Senate by the leaders of the delegations. No Senator’s right to vote as they choose to is taken away; it cannot be taken away. No Senator has delegated their right to vote as they choose to the Senate Majority or Minority Leader, to exercise their right on their behalf. Our Constitution does not permit this. The guidelines do not provide for proxy voting as was erroneously alleged. Proxy voting is a form of voting where a member of a decision making body may delegate his or her voting power to a representative, to enable a vote in absence. It clearly cannot be a proxy vote where the voters are present, and where they furthermore cast their votes themselves. The correct analogy is that the Senate Majority Leader and the Minority Leader are Tellers to present the tally of the votes cast by the Senators on their respective sides. As pointed out earlier in this ruling, all jurisdictions have to adapt and innovate. In jurisdictions where virtual sittings have been adopted, for instance, new meaning has been given to the term ‘present’. For instance, for the first time in the Africa Union (AU) Parliaments’ 62 years’ history, in the month of March, Members who usually vote by raising their hands in Plenary or pushing a button on their desks, voted by email from their home countries. We are no exception."
}