Most times when the PF Members of Parliament are deliberating over constitutional issues, they normally fail to look at issues in all angles and normally end up shooting their own selves, an example is the way they hurriedly implemented the grade twelve clause and ended up knocking most of their colleagues out of Parliament (e.g their SG) and yet even those that knocked themselves out were busy parroting the amendment that also included the grade twelve clause just because the majority among them where saying the same.
Today the national dialogue forum has brought in a suggestion of Ministers and their deputies staying on beyond the life of parliament and only relinquishing their positions after elections and appointment of new office bearers, now what are the legal implications of this move.
- A minister or deputy minister can only be appointed as such from sitting members of Parliament.
- When Parliament is dissolved then automatically those position which only exist by virtue of one being a parliamentarian also cease to exist because one can only be a minister or deputy by virtue of one first being a member of parliament.
- In the event that the PF tries to circumvent the above by declaring that parliament will continue until the next office holders are elected into office then it follows that parliamentarians are not supposed to get their final gratuity until such a hand over to the next office holders are done because it is at that point when the tenure would have been deemed to have expired and taking moneys before that time would be deemed to be getting moneys before the expiry of the contract.
Now, I am not a lawyer but common knowledge should allow us to see that the above should and must prevail in the event that the national dialogue provision is assented to meaning the MP’s will be paid by the incoming administration who may also decide to hold on to such moneys until such an office bearer is cleared of wrong doing before the gratuity is eventually paid.
I hope that the legal minds can look at this issue and advise accordingly so that MP’s do not cry after implementation of the said national dialogue provision and mind you the incoming administration will have a big say in when to pay such monies.