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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