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{
    "id": 1126536,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1126536/?format=api",
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    "content": "With regard to its findings, the Committee Report tabled before the House on Tuesday, 19th August 2014 states: (i) The Office of the Attorney-General is not listed as either a constitutional commission or an independent office under Articles 248(2) and (3) of the Constitution; (ii) The procedure for removal contemplated under Article 251 of the Constitution cannot be used for removal of the Attorney-General; (iii) While the Attorney-General is a member of the Cabinet under Article 152(2) of the Constitution, he is not a Cabinet Secretary and, therefore, the process of removal of a Cabinet Secretary cannot apply in this case; (iv) Whereas Article 132 of the Constitution gives the President power to dismiss the Attorney-General in accordance with Article 156, the same Article 156 does not have provisions on removal of the Attorney-General; (v) The Office of the Attorney-General Act has made provision for the grounds for removal, but does not set out the procedure for removal. (vi) The power and discretion to remove the Attorney General is vested in the President vide Article 132(2)(b) of the Constitution. Consequently, the Committee proceeded to recommend that the Office of the Attorney- General Act, 2012 should be amended to provide for express provisions on the procedure for removal of the Attorney-General from office by way of an all-inclusive process. Thereafter, a Bill was published in the name of the Committee to actualise those findings in law. However, by the end of the 11th Parliament, the Bill had not been concluded and, therefore, lapsed. In light of the previous inconclusive process undertaken on a petition to remove the Attorney-General, the Clerk of the National Assembly wrote to Mr. Khalifa on 6th October 2021 advising him of the inability of the House to process his request. The letter highlighted the lack of express provisions in the Constitution, ordinary legislation and the National Assembly Standing Orders on the manner in which the process of removing the Attorney-General from office may be initiated and how a binding recommendation for such removal may be made by any person or body. In his letter dated 22nd October 2021, Mr. Khalifa did not agree that the body mandated by the Constitution to enact, amend and repeal laws can argue that it is unable to act on his request due to an existing gap in the law. You will recall that, as per the provisions of Article 109(4) of the Constitution, only a Member or a Committee of this House has the power to introduce legislation for consideration and debate. The Departmental Committee on Justice and Legal Affairs may wish to consider reviewing the Act to provide for the procedure for removal of the Attorney General. In the meantime, the Clerk of the National Assembly is hereby directed to inform the Petitioner on the progress of this matter and further inform him that, to the extent that there is a"
}