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{
    "id": 1017328,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1017328/?format=api",
    "text_counter": 80,
    "type": "speech",
    "speaker_name": "Sen. Wako",
    "speaker_title": "",
    "speaker": {
        "id": 366,
        "legal_name": "Amos Sitswila Wako",
        "slug": "amos-wako"
    },
    "content": "Thank you, Madam Deputy Speaker for giving me this opportunity to speak on a matter which is raising very fundamental complex constitutional issues. Since I only have five minutes, I will be very brief. The structure of this Constitution removed from the President the power to prorogue and dissolve Parliament. The terms of Parliament are clearly set out in our Constitution which resembles the Constitution of the United States of American. Article 101 (1) of the Constitution states that: - “A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.” The definition of a general election is not anywhere else in the Constitution apart from what we now read here should be held every fifth year. That provision in the Constitution was deliberate because the former Constitution gave the President all the powers to dissolve Parliament. I agree with Sen. Mutula Kilonzo Jnr. that there is a basic contradiction under Article 101. Article 102(1) of the Constitution states that: - “The term of each House of Parliament expires on the date of the next general election.” Madam Deputy Speaker, Article 101(1) is clear that a general election will be held on the second Tuesday of August in every fifth year. Consequently, there is a contradiction between the provision of Article 101(1) and 102(1) and the powers being exercised by the President under Article 261(7). It has not been provided whether the election to be called is a general election or not. If it is not a general election, there would have been further amendments on the effect of that on sitting Members; does the term expire or whether it shall be less than five years? There is no provision on what should happen if Parliament is dissolved under Article 261(7). What happens under those circumstances? Do they still continue to serve for the balance of the terms; two years in this case?"
}