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{
    "id": 109003,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/109003/?format=api",
    "text_counter": 1101,
    "type": "speech",
    "speaker_name": "Mr. Wetangula",
    "speaker_title": "The Minister for Foreign Affairs",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "I can read those sections. Sections 47(2)(b) reads as follows:- “When a draft Constitution proposing the replacement of this Constitution has been introduced into the National Assembly, no alternations shall be made in it unless such alteration is supported by the votes of not less than 65 per cent of all Members of the Assembly, excluding ex-officio Members.” We have already gone over that, Mr. Speaker, Sir. Section 47(2)(c) reads as follows:- “The National Assembly shall, within 30 days of the introduction in the Assembly of the draft Constitution proposing the replacement of this Constitution---” Mr. Speaker, Sir, “proposing the replacement of this Constitution” is repeated three times. “---debate all proposed amendments to the draft Constitution and submit to the Attorney-General the draft Constitution and any proposed amendments thereto as may be approved by the Assembly in accordance with paragraph (c).” Mr. Speaker, Sir, you can see that both (b) and (c) do not envisage any vote. But when you go to the Act, Section 33(4) presupposes what Ms. Karua proposed on the Floor, namely that:- “The National Assembly shall, within 30 days of the tabling of the draft Constitution under Subsection (3) debate it and approve the draft Constitution without amendments and submit it to the Attorney-General.” Approval by Parliament presupposes a vote. Now, there is a conflict between the Act and the Constitution. Then, Mr. Speaker, Sir, you have to go back to Article 3 of the Constitution. When there is a conflict between an Act of Parliament and the Constitution, the Constitution prevails!"
}