I welcome the Hon Speaker’s intention to investigate me for contempt of Parliamentary procedures. However I must clarify that it was not Hon Luther Wenge’s actions that led me to my actions. I was not aware of what the Governor had actually filed in Court. I acted on my own accord by releasing these certified Acts to the media in my role as Opposition Leader to expose improper procedures in the legislative process.
I have a copy of the Judicial Conduct Bill as presented to Parliament and passed by Government but opposed by as the Opposition as an unconstitutional subsidiary law. I also have copies of two (not one) Judicial Conduct Acts duly signed and certified – one on 30th March and the other on 4th April.
To my understanding once a Bill is certified as an Act of Parliament, the only way to change it is to take it back to Parliament for amendment or repeal. This has not been done. What gives someone (I make no accusations as to who that someone is) the power to just say “ forget the first one” ?
It was already an Act of Parliament so procedurally it should surely go back to the Floor of Parliament. The fact that it was not gazetted should not be relevant. If a mistake was made in the certification process then Parliament should sort out the mistake. To not insist on this is a gross abuse of procedures and once again a dangerous political precedent. As legislators we must be vigilant that nothing happens behind the scenes because the process of “fixing it” behind the scenes takes our power as the “supreme legislators” away from us and puts it in the hands of people who do the certification.
The public need to understand the importance of proper procedures because those procedures protect the legislative process of our Parliamentary democracy. The public should also know that any Bill brought to Parliament for debate should have first gone through a consultative bureaucratic process and thorough screening for both a Certificate of Necessity before NEC’s first consideration and then back to the Legislative Counsel’s Office for a Certificate of Compliance before NEC again clears it for debate on the Floor.
Have proper procedures been followed in the rush to pass the various subsidiary laws over the last 8 months?
Hon. Dame Carol Kidu DBE Dr (Hon) MP
12 April 2012