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{
    "id": 997177,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/997177/?format=api",
    "text_counter": 127,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "belonging to a party other than a parliamentary party is equally entitled to serve on a Committee of the House. Otherwise, Committees without such Members cannot be said to be reflective of the political composition of the Legislature. Undoubtedly, we must be alive to the fact that this House has composition not just from the parliamentary parties but from other parties and Independents. This must be reflected in our committees. It is one which cannot be wished away because even looking at the statistics from the 11th Parliament to date, the composition of the membership of this House has seen more Members from small parties and Independents being elected to the House. Certainly, this may arguably continue to grow exponentially in an upward trajectory even in the future. It is, therefore, obviously erroneous to advance the idea that the Constitution or the Standing Orders envisaged that Committees are a preserve of the parliamentary parties, to the exclusion of the Independent Members and Members belonging to small parties. This settles the first and second issues that required my determination. In addressing the third issue, I reflected on the views advanced by the Leader of the Minority Party that Members belonging to parties other than parliamentary parties and Independent Members ought to choose and align themselves to the existing parliamentary parties so as to earn consideration for a slot in Committees. While in so arguing, the Leader of the Minority Party, Hon. John Mbadi, was perfectly within his right, it is my considered view that that position does not stand well with the provisions of Articles 94, 95 and 103 of the Constitution and Standing Order No.174 (2). It is instructive to point out that Article 103 of the Constitution provides, among other things, the ways by which a Member of this House vacates his or her seat. One of the ways being, if having been elected as an Independent, the Member joins a political party. It, therefore, would not hold that we force Independents to align themselves with any party. Ideally, a Member elected on a political party ticket is so elected based on a resolve to ascribe to the party’s philosophy, manifesto and ideals. Similarly, a Member elected as an independent candidate does so as a matter of principle due to political circumstances or for other reasons known to him or her. Therefore, to resort to coercing such Member to affiliate with a parliamentary party so as to earn a slot in Committees, notwithstanding that they possibly were competitors in the elections, is essentially to compel them to denounce their stand in exchange for the committee slot. The consequence of such a move may expose him or her to the sanctions contemplated under article 103 (1) (e) of the Constitution as read together with Section 14 of the Political Parties Act, 2012 which I have already indicated. To advance the view of the Leader of the Minority Party that an Independent Member or one from a small party ought to be aligned to a parliamentary party to earn a slot in the Committee would amount to assuming that the three parliamentary parties have the authority to shut the door of this Chamber from any Member who is independent and is elected on a small party and admit such Member into the Plenary only if he or she undertook to align with the parliamentary parties. Ideally, as is the practice in the Chamber and the Committee system of many other multiparty legislatures, the issue of lobbying and enticing the smaller parties comes in after they are already in the Committees as Members. It is, therefore, inconceivable that the Constitution and Standing Orders contemplated that an Independent Member or a Member belonging to a party other than a parliamentary party would get to sit in a Committee only if they are affiliated with a parliamentary party. Since Standing Order No.174 (2) is clear, I must assert, respectfully so, that I find the opinion that Members belonging to parties other than parliamentary parties and Independent Members ought to choose and align themselves to the existing parliamentary parties The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}