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{
    "id": 370834,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/370834/?format=api",
    "text_counter": 303,
    "type": "speech",
    "speaker_name": "Hon. Saney",
    "speaker_title": "",
    "speaker": {
        "id": 2988,
        "legal_name": "Ibrahim Abdi Saney",
        "slug": "ibrahim-abdi-saney"
    },
    "content": "Thank you, hon. Temporary Deputy Speaker. I am the one who sought this Statement from the Departmental Committee on Justice and Legal Affairs. The issues sought touch on the law. It is perfect that it is the Attorney-General who ought to have been consulted with regard to the Statement I sought. I asked three questions: One, why the court ruling was not implemented in light of the remaining two vacancies for members of the Commission. It all amounted to the interpretation of the TSC Act and we felt that the Attorney-General is best placed to advise Government institutions with regard to matters of law. Two, I wanted to know why the State Law Office is not fulfilling its constitutional mandate. After names were rejected in Parliament, it was him to advise because we had problems. We had received so many correspondences from different Government institutions and as a result we realized that it is only the Attorney-General who can advise the Government, particularly TSC being a constitutional office, as to what they should do next. Today, as we speak, the constitutionality of the TSC is questionable. The Commission has only one commissioner by the name Mr. Tirop and yet the Constitution stipulates that there must be a minimum of three commissioners for any constitutional commission to operate. I have presented three different documents some emanating from the Attorney-General. They were tabled before the Committee in regard to what the TSC should do in recruiting the remaining two commissioners. The Attorney-General’s letter dated 30th May, 2013 is clear and I feel is elaborate and it is within the TSC Act. Equally, there was a court judgment on 25th March, 2013 in regard to a petition filed by one Abdi Sitar challenging the appointment of the second name that was approved by this House. It is clear that the TSC Act is being violated. I feel that the advert that was placed on 25th June is in disregard of the TSC Act and it violates the court’s ruling, the Committee’s Report and the Attorney-General’s advice. I, therefore, seek guidance in the process of--- The Chairperson of the Departmental Committee on Education, Research and Technology should direct the selection panel to stop the advert and the subsequent recruitment of the commissioners. This is because the Act is precise. The Committee should ask the President to go back to the old list and pick two nominees."
}