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How Mugabe was given powers to appoint key judges with MDC kicking and screaming

HON. GONESE:  Before you put the question Mr. Speaker, I have a motion – [HON. MEMBERS:  Inaudible interjections.] – I have the Standing Orders …

THE HON. SPEAKER:  I am not putting a question.

HON. GONESE: No, before you put the question.

THE HON. SPEAKER:  I am not putting any question.  Can I hear you?  Can you approach the Chair Hon. Gonese?

Hon. Gonese approached the Chair.

HON. GONESE: Mr. Speaker Sir, can I just beg your indulgence because there is an important matter which I want to raise.

THE HON. SPEAKER:  Order, order, take your seat.  This is a Constitutional Bill and we have to go according to the Constitution in terms of Section 328 (5).  I shall proceed.  Section 328 (5) – [HON. MEMBERS:  Inaudible interjections.] –

HON. GONESE: No, no, no.  Mr. Speaker, this is improper.  Mr. Speaker, this House has Standing Orders – we have our Bible.  I have a point which is very valid.

THE HON. SPEAKER:  Can you sit down, can you sit down?  Order, order!  Standing Orders cannot override constitutional provisions.  So, I am proceeding in terms of constitutional provision Section 328 (5) of the Constitution and no Standing Order can override a constitutional provision.  Please sit down.  Can you please sit down?  – [HON. MEMBERS:  Inaudible interjections.] – I have ruled.  Order, order!  Hon. Chief Whip of the opposition, can you listen?  You kindly showed me the provision of the Standing Order and I am saying, the section of the Standing Order that you have shown me when I had tete-a-tete with you, does not override the constitutional provisions.  – [HON. MEMBERS:  Inaudible interjections.] –

MR. GONESE:  I have to stand for my rights,  I have not made my submission.

THE HON. SPEAKER:  I have ruled.

MR. GONESE:  What have you ruled on?  I have not made my submission.  Mr. Speaker, if I am wrong, you can take me to court – yes.

THE HON. SPEAKER:  Order, order.  I had ruled already after the Hon. Chief Whip showed me the section of the Standing Order – [HON. CHIBAYA:  Which section?] – He has it there. Order! I cannot rule against my own ruling – [HON. MEMBERS: Inaudible interjections.]

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