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{
    "id": 292903,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/292903/?format=api",
    "text_counter": 14,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "On the question on whether the document tabled by the Minister on 26th April, 2012 was the Estimates of Revenue and Expenditure contemplated by Article 221 of the Constitution despite its being titled “draft”, I think it is crucial to emphasize the importance of fidelity to the letter and spirit of the Constitution. Article 259 of the Constitution, I must reiterate, enjoins us to interpret the Constitution in a manner “that promotes its purposes, values and principles, advances the rule of law, permits the development of the law and contributes to good governance.” The clear intention of the mandate vested on the Cabinet Secretary for Finance to submit estimates of revenue and expenditure as evidenced by the processes thereafter is that documents are presented that can properly inform and benefit those processes. Words mean something. Every word has a meaning and I have to agree that when a document required by the Constitution to be tabled in this House is titled as “draft” a legitimate anxiety is created as to whether or not this is the document required to be tabled by the Constitution, or if a subsequent one shall be availed that will answer to the constitutional requirement. It is a legitimate question whether such a document is the formal document required under the Constitution. It must follow then that whatever may be the antecedent administrative processes in the Ministry of Finance and whatever may be the according system, the House expects and shall in terms of the Constitution, receive estimates of the revenue and expenditure of the national Government for the next financial year. For the avoidance of any doubt, a document intended to meet the requirements of Article 221 should be clearly so titled and labelled. It will not do for the Minister to ask the House to ignore certain words or make presumption."
}