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{
    "id": 403988,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/403988/?format=api",
    "text_counter": 210,
    "type": "speech",
    "speaker_name": "Sen. Billow",
    "speaker_title": "",
    "speaker": {
        "id": 260,
        "legal_name": "Billow Adan Kerrow",
        "slug": "billow-kerrow"
    },
    "content": "Thank you Mr. Speaker, Sir. I rise on a point of order to seek your guidance on a matter that is important to this House. It is in the public domain that a Motion on the draft Public Finance Management (Uwezo Fund) Regulations, 2013, proposed to be made by the Cabinet Secretary, National Treasury, is before the National Assembly for debate. Once it is debated, those regulations will be gazetted and form the basis for the operation of the Uwezo Fund. In these regulations, the Cabinet Secretary referred to Section 24 of the Public Finance Management Act which empowers him to create special Funds like the National Government Public Funds which are approved by the National Assembly. He referred to Section 24(4) of the same Act that gives him the powers to set up those Funds and 24(11) that require regulations to be made for the management of operations of the fund, among other things. However, that same section talks about regulations that must guide the operations of this Fund. Section 205 of that Act is the one that spells out the procedures for establishing, setting out and preparing regulations. That Section 205 is very clear for carrying out or giving effect to this Act and goes on to say:- “That regulations made under that Section shall not take effect unless approved by a resolution passed by Parliament” In Sub-section 5 it continues and says:- “Regulations approved under that sub-section shall take effect on the day after the date on which both Houses approve the regulations”. The import of Section 205 is clear; that any regulations made under the Public Finance Management Act must be approved by both Houses of Parliament. Therefore, it is important to note that the Cabinet Minister for Treasury, in my view, was not correct to simply forward the same to the National Assembly only. It is guidance I am seeking; that the regulations be sent to this House in accordance with the law so that the Committee on Delegated Legislation together with other relevant committees can at them. That is the guidance that I am seeking."
}