Thursday, October 29, 2020

How should a government function to avoid the scenario which led to the suspension of proceedings until 4th October?

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QUESTION OF THE DAY

The answer is simple. The Constitution has created provision to avoid such scenario. Section 227(1) of the Constitution states:

In this Constitution, unless a contrary intention appears-

(a)     any  reference to a power of appointment  to an office  shall  be con­strued  as including a reference  to the power to appoint  a person to act in or perform the functions of thatoffice;

(b)      any reference to the holder of an office by a term designating  his or her office shall be construed  as including  a reference  to any  person for the time being lawfully acting  inor performing  the functions  of that office.”

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Hence the position of Vice President or Minister should never be vacant because of the absence of the substantive holder. Others in Cabinet could simply be appointed to act in their position until they resume their functions.

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