Hon Minority Leader, do you not think that if the President wants to exercise that discretion capriciously, he will be called to order? Otherwise, the power, if you look at the general provisions of the Constitution in terms of appointment into the Public Service, it is done by the President. If you look at the totality of the various provisions of the Constitution, it points to that.
That is why I posed that question
earlier, that if they nominate, then automatically, he cannot refuse to appoint and you are saying that in the same vein, when he is revoking, he should do it in consultation sort of or something to that effect.
I know that is the point you want to make but I think that this is what you find in all the Bills that we have passed here. So, the bodies are involved. If the body nominates somebody and the President feels strongly that there is something wrong or the person for example, who has been nominated has a certain disability, the President can inform the nominating body that there is a disability with that person, so they should bring another person.
P ro f . O q u a y e : M r S p e a k e r, respectfully, what the Hon Minority Leader has said is a very very important matter that we must consider seriously. If it has not been done seriously in the past, then it is time we had a different attitude.
Mr Speaker, when the 1992 Constitution was being drawn, one matter came to the fore, that is, in certain specific cases, there should be institutional representation. The concept of institutional representation was applied in the Council of State for example, the Media Commission for example. And there was one underlining principle so that as a President, it does not matter who should at any time be in control of the totality of the appointment or removal of all these positions. That is to create checks and balances in the application of power.
So Mr Speaker, the idea here is that the appointment should be made by institutions and these people may be called institutional representatives on the Board. The institutional representatives should
be nominated and in effect made to take office and can also only be recalled by those institutions which nominate them and it is not for nothing, to create checks and balances, a limitation of power and to avoid arbitrariness in the governance of this country. This principle must be very very well got . It was a fundamental principle in the l992 Constitution, and this Honourable House must adopt it. It is a way of ensuring counterveiling authority in this Republic and to ensure our human rights.
So Mr Speaker, we must so craft this in such a way that those who appoint can recall, they can also disappoint but not the President. Orthewise, it will be a matter of “very well, you appoint”. When you appoint, once you are finished, then I will start to manipulate the process.
Chireh: Mr Speaker, I was standing
when the Second Deputy Speaker was talking. We know that in this appointment, it is article 70 of the Constitution that we are using, and he also knows that there is a Constitution Review Commission reviewing the entire Constitution. What I want him to address his mind to is that, we have an administrative action separate from these checks and balances that he is talking about. For you to be a member of the Board, you need to be appointed by somebody.
The President cannot ask the Bar Association, “we want this particular person”, no. The Bar Association can also write to the President and say, “look, we have found our member not worthy of being a member of this Board”. So the President has no other way but to say that “the appointment I have given you, I have revoked it”.