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Penal Code: National Assembly Suspends Discussions

The Speaker of the National Assembly who chaired a plenary sitting yesterday suspended debate on the bill following a preliminary objection by the SDF Parliamentary Group.

The House Chamber of the National Assembly witnessed intense debate as to the examination of the amendment introduced on the Penal Code bill by government. In a plenary sitting chaired by House Speaker, Cavaye Yeguié Djibril, yesterday, June 30, 2016, the MPs of the Social Democratic Front (SDF) through their group leader, Hon. Joseph Banandzem Lukong, raised a preliminary objection after the reading of the report of the Committee on Constitutional Laws, Human Rights and Freedoms, Justice, Legislation and Standing Orders.

The bone of contention of the opposition SDF was the violation of the procedures of receiving bills as per the Standing Orders of the National Assembly. Hon. Banadzem argued that the bill did not pass through the Chairmen’s Conference and the plenary prior to its examination in committee citing sections 57 (3), 37 and 64 (b).

According to the report that was presented by the committee, an amendment of article 127 of the Penal Code bill which was earlier adopted on June 22, 2016, by the National Assembly was introduced by the government. The Senate adopted the bill as amended and sent it back to the National Assembly for reconsideration.

The rephrased Section 127 now reads “Any legal or investigating police officer who prosecutes, arrests or tries any person, in violation of any law conferring immunity, shall be punished with imprisonment for from 1 (one) to 5 (five) years”. The section removes immunity for members of government as was the case in the first copy.

The Speaker argued that the bill was not new thus must not respect the procedures of tabling bills. However, the SDF MPs said they have not received the amended bill and thus cannot go ahead examining the bill based on the committee report. The sitting was thus suspended by the Speaker for a later sitting.

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