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{
    "id": 1175127,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1175127/?format=api",
    "text_counter": 106,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "From the general debate, I isolated the following issues for resolution with regard to the Universities (Amendment) Bill, 2021: 1) Whether the Bill violates Articles 10, 201, 229(5) and 43(1)(f) of the Constitution; 2) Whether the Bill concerns county governments; 3) Whether sufficient public participation was conducted on the Bill in terms of Article 118 of the Constitution with regard to the involvement of public universities; and, 4) Whether harmonisation of the proposed amendments to the Universities (Amendment) Bill, 2021 was conducted in terms of Standing Order No.131. While I note that I reserved the foregoing issues raised by Members for a considered ruling today, I must admit that the period between yesterday’s Sitting and today’s afternoon Sitting has not been sufficient for the exhaustive consideration of the issues touching on the constitutionality of the Bill. I will point out the following issues in light of the scheduled adjournment of the House to proceed on sine die recess after today’s sittings: In the circumstances, and for the convenience of the House, I have consciously decided to provide an interim guidance for purposes of continuity of the business of the House. I am fully cognisant of previous rulings that I have issued, pursuant to Standing Order No.47, where I have noted that an issue touching on the constitutionality of any business before the House may be raised at any stage during the consideration of the affected business. The Hon. Members were, therefore, perfectly in order to raise the matters covered under their points of order. Allow me to now examine the four issues that require my guidance this afternoon. Firstly, on the issue of whether the provisions of the Universities (Amendment) Bill, 2021, violate Articles 10, 43(1)(f) and 201 of the Constitution, I will note that from my perusal of the Bill, it does not seem to fully address the issue of the need for audit of the utilisation of public funds directed towards private universities. No provision in the Bill addresses how funds proposed to be directed to the tuition of students placed in private universities are to be audited to ensure that the expenditure of the funds is legally and prudently spent in accordance with the requirements of Articles 201(d) and 229(5) of the Constitution. Let me resume my seat to allow those Hon. Members to also make their way in."
}