Mr
Speaker, I humbly rise to second
the Motion ably moved by the
Hon Majority Leader and the
Leader of the House.
Determination of the Motion moved by the Minister for Finance
In seconding the Motion, I
beg to raise the following issues
to further fortify the prayer of
the applicant.
Mr Speaker, the first issue
has to do with whether or not
you have the capacity to
determine this matter, and on
that score, I shall rely on
Standing Order 13(2) of the
rules of the House to say that
you are so well-fortified to
consider this matter.
Mr Speaker, for the
avoidance of doubt, I shall read
Standing Order 13(2) which
provides, and with your
indulgence, I read:
“Whenever the House is informed by the Clerk-at-the-
Table of the unavoidable
absence of Mr Speaker,
the First Deputy Speaker
shall perform the duties and
exercise the authority of Mr
Speaker in relation to all
proceedings of the House
until Mr Speaker resumes the
Chair, without any further
communication to the
House.”
Mr Speaker, rightly so, the
Clerk-at-the-Table has informed
us that Rt Hon Speaker is
unavoidably absent, and that by
that imperative, you are well-
fortified to assume the full
duties, mandate, power, and
responsibilities as though you
were the Rt. Hon Speaker of the
House. So, you are fortified to
consider this application.
Mr Speaker, in this Chamber,
for the purposes of taking
decision in Parliament, one-half
of Hon Members of Parliament
is 138. For the avoidance of
doubt, the record in our Votes
and Proceedings clearly states
that Rt Hon Speaker in the Chair
had indicated that there were
137 Hon Members with zero
saying “Ayes”. This means that at that moment in time, we did
not have 138 Hon Members
Mr Speaker, article 104(1) of
the 1992 Constitution is also
very clear that when that
minimum number is present, the
decision must be based on the
majority of those present. For
Determination of the Motion moved by the Minister for Finance
the avoidance of doubt, I shall
read that aloud.
“Except as otherwise provided in this Constitution,
matters in Parliament shall be
determined by the votes of
the majority of members
present and voting, with at
least half of all the members
of Parliament present.”
Mr Speaker, the net effect is
that the threshold of 138 must be
met, and that in that 138,
majority of them would now be
required to take a decision. Mr
Speaker, having made these
contentions, I beg to say that this
constitutional imperative clearly
vitiates that which took place,
and on all fours, the applicant's Motion is well rooted, and the
invitation made to you on all
fours is right. I, therefore,
without any hesitation, implore
you to give favourable
consideration to this application.
Mr Speaker, I so submit and I