1. PARLIAMENTARY PROCEDURE AND PROCESS
PREPARED BY KISILWA ZAHARANI

2. MEANING OF THE PARLIAMENTRY PROCEDURE
The term procedure refers to;
“an established or official way of doing something or a series of actions conducted in a certain order or manner” (Source: concise Oxford Dictionary, 10th edition)
Thus the terms parliamentary procedure presuppose an established or official way of conducting the business of the parliament.

3. EVOLUTION OF DEMOCRATIC PARLIAMENTARY PROCEDURE
Democratic parliamentary procedure has evolved to strike a balance between
i. The system in which a parliament can fulfill its mandates defined in its daily parliamentary business and
ii. Respect for the rights of the various groups within it.
For instance, democratic parliamentary procedure will allow the government to initiate procedures to attempt to get its legislative program through the House and provide a forum so that the opposition and private Members of Parliament (that is, those who do not hold office) may criticize proposed legislation or initiate counter-measures. Parliament attempts to ensure that, like the laws it passes, its procedures are fair and protect minority groups in the House.

4. SOURCES OF PARLIAMENTARY PROCEDURE: The constitution
The constitution; the first and most important sources of parliamentary procedure are found in it. See article of the URT constitution
Specifically the constitution
i. Establishes the parliament
ii. Defines its powers to exercise the legislative power it derives from the people and
iii. Defines the limitations placed on it and other entities, including the head of state.
iv. Provides for the manner in which it may be amended by parliament.

5. SOURCES OF PARLIAMENTARY PROCEDURE: The standing orders
This is the most common source of parliamentary procedure. See article 89 of the URT constitution.
Standing Orders are statements describing the manner in which parliament should proceed under various circumstances. These statements can be amended by parliament by a simple majority vote.
Standing orders are created by the parliament itself by the authority from the constitution.
standing orders provide for the orderly functioning of the parliamentary process,

6. Flexibility of standing orders
Standing Orders may not attempt to meet every situation and thus may sometimes become obstacles to the deliberation of some special item of parliaments business.
What ever the situation; The Standing Orders can never be ignored or violated. What can the parliament then do when the orders are an obstacle to a particular business?

7. Continued The parliament can; i. amend them or
ii. vote to suspend one or more of them for a particular, relevant occasion.
Example: Common instances of suspension deal with;
i. extended sittings of the parliament or
ii. alteration of sitting days, or a day when the House or Parliament meets.

8. SOURCES OF PARLIAMENTARY PROCEDURE: The sessional orders
These are orders that are applicable only in a particular parliamentary session as adopted by the parliament.
Sessional Orders have the same force as Standing Orders only that they are not intended to be permanent.
Sessional orders are, among other things, a useful means of testing out a new procedure during a certain period before a decision is taken whether or not to include it in the Standing Orders.

9. SOURCES OF PARLIAMENTARY PROCEDURE: rulings of the speaker
The rulings given by Speaker of the parliament can be a precedent for the future conduct of the parliament. it is only the continued and consistent adherence to a ruling that will allow it to be regarded as a precedent in a particular parliament.
This is so because it is assumed Speakers take into account existing rules and practices while giving such rulings.

10. TYPES OF PARLIAMENTARY PROCEDURE: General
Parliamentary procedure is usually in respect of its mandates expressed in terms of its business
There are three categories of parliamentary procedures as follows;
i. procedure for electing the speaker and his deputy, see article 86 of the URT constitution
ii. Administrative procedure which the constitution refers to as procedure in the National Assembly and
iii. Legislative procedure

11. TYPES OF PARLIAMENTARY PROCEDURE: electing the speaker and his deputy
This procedure is provided by article 86 of the URT constitution. It concerns election of the speaker and his deputy
i. election to be at first sitting of the first meeting of the national assembly or at any first sitting of the national assembly immediately after occurrence of a vacancy
ii. Election to be by secret ballot and to be conducted in accordance with the prescriptions of the standing orders of the national assembly.

12. TYPES OF PARLIAMENTARY PROCEDURE: procedure in the National Assembly
These by far and large are provided by standing orders, article 89. The procedures under this part relate to;
(a) summoning of parliament after general elections, article 90.
- president to summon new parliament before expiration of 7 days after election

13. cont (b) Dissolution of national assembly by president.
By article 90 president can not dissolve it except where;
- parliament has expired
- president is about to be impeached under article 46 A
-parliament refuses to pass budget

14. Cont
-if parliament refuses to pass bill (97 (4)) - parliament refuses to pass motion of fundamental significance to the government (c) procedure relating to President addressing the national assembly, article 91 - any time - may do so in person or send a communiction to be read by a minister

15. cont
(d) Procedure relating to Meetings of the national assembly, article 92 -president has power to summon meeting at any time. - meetings to be held at a place where they are customarily held or - at any place designated by the president -first meeting in life of the assembly to be on the day it is summoned to meet. - every subsequent meeting to commence on that date

16. cont
(e) Under article 93, All sittings of the national assembly to be presided over by any one of the following persons; - Speaker or his deputy speaker in the former’s absence. - in their absence any member elected may preside except a minister or deputy minister or any person holding office established by law enacted by the parliament.

17. cont
(f) Procedures relating to Quorum at sittings of national assembly, article 94 - for every sitting the quorum to be half of all members of parliament -decisions of assembly to be determined by a majority of votes of the members of parliament present and voting - speaker or any person presiding over the sitting not to have deliberative vote. They may have a casting vote in events of equality of votes.

18. cont
(g) Procedure where there are vacant seats, article 95 -national assembly may conduct business even where there is a vacant seat regardless of the time it became vacant - any person may take part or be present in the parliament and this does not invalidate its business.

19. cont
(h) Under article 96 for better discharge of its functions the national assembly may establish standing committees any time. To date there are the following committes;
Finance and Economic Affairs
Public Accounts
Social Services
Social Welfare & Community Development
Constitutional, Legal and Public Administration
Standing Orders
Parliamentary Privileges, Ethics and Powers

20. cont Energy and Minerals HIV/AIDS Affairs Infrastructure
Public Corporation Accounts
Miscellaneous Amendments
Land, Natural Resources and Environment
Agriculture, Livestock and Water
Foreign Affairs, Defence and Security
Industries and Trade
Local Government Accounts

21. TYPES OF PARLIAMENTARY PROCEDURE: legislative procedure
This relates to the following; (a) how to legislate new laws (b) how to alter the constitution and any other law (c) legislating in financial matters

22. LEGISLATIVE PROCEDURE: How to legislate
under article 97 the parliament can exercise its legislative power through; - the process of debating and -passing bills - to become a law president must assent to it

23. Parliamentary procedure when president does not assent to a bill
the bill is returned to the national assembly with presidents reasons for not assenting supporting it.
1. the assembly should not present it again to the president until at the expiration of six months after its return.
2. it can be presented in less than six months if it is supported by not less than 2/3 of all members of the parliament.
3. if no. 2 happens i.e. the bill is presented within 6 months after gaining support of not less than 2/3 of all members, the president has to assent to it within 21 days.
4. if president does not assent to it within the specified time, he shall have to dissolve the parliament.

24. LEGISLATIVE PROCEDURE :how to alter the constitution and any other law
alteration of the constitution or any law is initiated by a bill for an act to alter provisions of constitution or any other law
For laws not touching on union matter: The bill must be supported by not less than 2/3 of all the members of the parliament
For alteration of laws touching on union matters: the bill must be supported by not less than 2/3 of
(a) all members of the parliament from mainland Tanzania
(b) all members of parliament from Tanzania Zanzibar.

25. LEGISLATIVE PROCEDURE :legislating in financial matters
These require presidential proposal. the procedure is provided under Article 99 of the URT
The financial matters that requiring presidential proposal to assembly by minister are;
- tax levying
- to alter taxation by increase

26. continued
-imposition of charge upon consolidated fund or any public fund
- to alter the charge by increase
- payment, issuing or withdrawing from consolidated fund or any other public fund of moneys not charged there on.
All other matters do not require presidential proposal.

27. PARLIAMENTARY PROCESS
The word process means
“ a series of actions or steps towards achieving a particular end”
A process is initiated on the bases of parliamentary business.
A process helps an action to move from one stage to another and subsequently to the intended end.

28. PARLIAMENTARY BUSINESS: part 4 of the Tanzania Parliament standing order
Parliamentary businesses are the bases of initiating a parliamentary process
Common parliamentary businesses are
 Oath or Affirmation by a new Member
 Messages from the head of state (particularly in countries where the head of state occupies an executive position)
 Announcements by the Speaker
 Presentation of Papers by the Speaker or a Minister

29. cont  Presentation of reports of parliamentary committees
 Petitions presented by a Member on behalf of a citizen
 Questions to the Prime Minister or government Ministers
 Votes of Condolence on the death of former Members
 Motions for Leave of absence
 Ministerial Statements
 Personal Statements by Members

30. cont  Questions of Privilege
 Motions at the commencement of Public Business not requiring notice
 Motions at the commencement of Public Business requiring notice
 Public Business
 Private Members’ Business
 Adjournment

31. MOTION
In conducting the business of the parliament a parliamentary process can be initiated by a motion.
A motion is a proposal to the House on which a decision is sought.
it can be substantive or dependent
it can be procedural (those employed in reopening points of agenda)

32. Moving a substantive motion through the house
Publicizing the motion to house i.e. giving notice of it
Then the motion is put on order paper for the particular day. Once in the order paper the motion can not be withdrawn unless unanimously agreed by all members to whom notice had previously been given
Then Member who proposed the motion will move the motion to debate.

33. DEBATE: Parliamentary process
a debate is the most common parliamentary process
When the Member who proposed the motion has moved it to debate. The speaker tries to give opportunities to supporters and opponents of the proposition to allow their voices to be heard.

34. Debates and parliamentary time
The speaker has the responsibility to ensure that debates are cogent and do not waste the time of the House. To do this Speakers will be very strict on irrelevancies and repetitions by those debating. Reference to other debates in the House will not be permitted unless relevant
and anticipation of further debates is also frowned upon. Members are also required not to comment on matters, which are before the courts (sub judice).

35. cont
Time for the overall debate may be limited or there may be limits on the length of individual speeches.
Then the matter under debate may be concluded by voting in which it takes 2/3 of all members to pass a decision

36. Freedom to speak
A Member who is speaking is allowed to continue without disturbance except
Where he agrees to give way, in an intervention by other member to seek clarification of what he has said.
Where there is a point of order, which is a question raised by a Member as to whether a violation of procedure has occurred: the Speaker will give an immediate ruling on this (and the Member who was speaking can then continue).

37. Debates and pecuniary interests of members
it is not advised for a member to take part in a debate in which he has a pecuniary interest

38. Conclusively
the business of the parliament are the bases for a parliamentary process.
the most common parliamentary process is the debate.
A debate is initiated by a motion
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