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===PART II<br>THE SENATE=== | ===PART II<br>THE SENATE=== | ||
====Constitution of Senate==== | ====Constitution of Senate==== | ||
- | '''17.''' (1) The Senate shall consist of elected | + | '''17.''' (1) The Senate shall consist of thirty senators of whom fifteen (hereinafter referred to as "elected senators") shall be elected by the House of Assembly and fifteen (hereinafter referred to as "appointed senators") shall be appointed by the President. |
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(2) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant by reason of a dissolution of Parliament. | (2) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant by reason of a dissolution of Parliament. | ||
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(''b'') a person who is elected or appointed to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected or appointed on such termination. | (''b'') a person who is elected or appointed to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected or appointed on such termination. | ||
- | (5) A | + | (5) A separate election shall be held for the filling of each casual vacancy among the elected senators. |
- | (6) In this section, the expression "casual vacancy" means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time. | + | (6) A retiring senator shall, if otherwise qualified, be eligible for re-election or reappointment from time to time. |
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+ | (7) In this section, the expression "casual vacancy" means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time. | ||
====Elected senators==== | ====Elected senators==== | ||
- | '''18.''' (1) | + | '''18.''' (1) After the first election of the Speaker in terms of section ''_____'' and the first election of the Deputy Speaker in terms of section ''_____'', the House of Assembly shall, before proceeding to any other business, elect fifteen senators; and thereafter, as soon as may be after the occurrence of a vacancy among the elected senators, the House of Assembly shall elect a person to fill such vacancy. |
- | (2) | + | (2) The election of senators shall, whenever such election is contested, be according to the principle of proportional representation, each voter having one transferable vote. |
- | (3) | + | (3) As soon as may be after the election of a senator, the Secretary to Parliament shall communicate to the President the name of the person elected. |
- | + | ====Regulations for election of senators==== | |
- | + | '''19.''' The President shall, before the first election of senators in terms of section ''eighteen'' of this Constitution, make regulations prescribing the method of voting and of transferring and counting votes in any election of senators; and such regulations shall have effect as if enacted in this Constitution until Parliament shall otherwise provide. | |
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====Appointed senators==== | ====Appointed senators==== | ||
- | ''' | + | '''20.''' (1) As soon as may be alter the first election of senators under section ''eighteen'' of this Constitution, the President shall appoint fifteen senators, and thereafter, whenever there is a vacancy among the appointed senators, the President shall appoint a person to fill the vacancy: |
Provided that, if there is at the same time a vacancy among the elected senators, the President may defer filling the vacancy among the appointed senators until the vacancy among the elected senators has been filled. | Provided that, if there is at the same time a vacancy among the elected senators, the President may defer filling the vacancy among the appointed senators until the vacancy among the elected senators has been filled. | ||
- | (2) Whenever a person is appointed a senator under this section, the President shall cause to be sent to the | + | (2) Whenever a person is appointed a senator under this section, the President shall cause to be sent to the Secretary to Parliament a certificate signed by the President setting out the name of the person appointed and the date of appointment. Such certificate shall be conclusive for all purposes and shall not be questioned in any court of law. |
(3) In the exercise of his functions under this section the President shall endeavor to appoint persons who he is satisfied have rendered distinguished public service or are persons of eminence in professional, commercial, industrial or agricultural life, including education, law, medicine, science, engineering and banking. | (3) In the exercise of his functions under this section the President shall endeavor to appoint persons who he is satisfied have rendered distinguished public service or are persons of eminence in professional, commercial, industrial or agricultural life, including education, law, medicine, science, engineering and banking. | ||
====Tenure of office of first senators==== | ====Tenure of office of first senators==== | ||
- | ''' | + | '''21.''' For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, the Senate shall by lot divide the senators into three classes, each class consisting of five elected senators and five appointed senators; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of election or appointment, as the case may be. For the purposes of this section, appointed senators shall be deemed to have been appointed on the day on which elected senators are elected. |
====Standing committees of Senate==== | ====Standing committees of Senate==== | ||
- | ''' | + | '''22.''' The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report. |
====Announcing of legislation intended to be introduced in Senate==== | ====Announcing of legislation intended to be introduced in Senate==== | ||
- | ''' | + | '''23.''' The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session. |
====Qualifications of senators==== | ====Qualifications of senators==== | ||
- | ''' | + | '''24.''' No person shall be qualified to be a senator under this Constitution unless — |
(''a'') he is a citizen of _____; | (''a'') he is a citizen of _____; | ||
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(''b'') he has attained the age of 30 years; | (''b'') he has attained the age of 30 years; | ||
- | (''c'') he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered; | + | (''c'') he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered; and |
- | (''d | + | (''d'') he has been domiciled in _____ for a period of at least five years. |
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====The Senate Legal Committee==== | ====The Senate Legal Committee==== | ||
- | ''' | + | '''25.''' (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section ''twenty-six'' and the election of the Deputy President of the Senate in terms of section ''twenty-eight'' the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee. |
(2) The Senate Legal Committee shall consist of such number of senators as the President may determine and the President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify: | (2) The Senate Legal Committee shall consist of such number of senators as the President may determine and the President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify: | ||
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(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section. | (3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section. | ||
- | ==== | + | ====President of the Senate==== |
- | ''' | + | '''26.''' (1) The Senate shall, before proceeding to the dispatch of any other business, choose a senator to be the President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a senator to be the President. |
- | (2) The President of the Senate | + | (2) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament. |
- | + | (3) The President of the Senate shall vacate his office ― | |
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- | ( | + | (''a'') if he becomes a Minister or a Deputy Minister; or |
- | ( | + | (''b'') if he is elected as a member of the House of Assembly; or |
- | + | (''c'') if he ceases to be a senator. | |
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- | ( | + | (4) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant. |
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====Deputy President of the Senate==== | ====Deputy President of the Senate==== | ||
- | '''27.''' | + | '''27.''' Prior to or during any absence of the President of the Senate the Senate may choose a senator to perform his duties in his absence. |
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===PART III<br>THE HOUSE OF ASSEMBLY=== | ===PART III<br>THE HOUSE OF ASSEMBLY=== |