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{
    "id": 397062,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/397062/?format=api",
    "text_counter": 15,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "The issue raised by hon. Eng. Gumbo is whether this provision would be contrary to Article 246(3) of the Constitution which provides as follows: “The Commission shall: (a) recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service; (b) observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the Service; and (c) perform any other functions prescribed by national legislation.” Hon. Members as you will notice from plain reading of the proposed amendment, there exists absolutely no contradiction to the proposed amendment with Article 246(3) of the Constitution. Indeed, Article 246(3) (a) vests in the National Police Service Commission the power to recruit and appoint persons to hold or act in offices in the Service, confirm appointments and determine promotions and transfers within the National Police Service. In my view, the proposed amendment merely seeks to empower the Commission to administratively hear and determine disputes arising out of the exercise of its constitutional powers and there is no negation, in my opinion, of the provisions of the Constitution as alleged by hon. Eng. Gumbo. This now obviously settles the second question. Hon. Members, in conclusion, this House has set precedence on these matters. My predecessors have ruled that a question of constitutionality of a proposal before the House cannot be subjected to a vote, but to the conscious decision of the Speaker. I have scrutinized the two Bills and I do not find any provision that will offend our Constitution. I am also aware that these two Bills were referred to the relevant Departmental Committee for consideration. Should the Committee have a contrary view I will be guided accordingly and advise the House how to proceed. In this regard, there is an opportunity available at the Second Reading to bring up any such matters. I now rule that the two Bills are admissible for proceeding to the Second Reading."
}