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{
    "id": 43977,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/43977/?format=api",
    "text_counter": 1178,
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    "speaker": null,
    "content": "Mr. Chairman, I have heard in discussions that we might be tying the hands of the new institution, and whether Parliament has those powers. In view of that, I wish to read Article 82 of the Constitution which deals with the new institution, the Independent Electoral and Boundaries Commission (IEBC), and the powers of Parliament as far as legislation for the IEBC is concerned. Article 82(1) says: “Parliament shall enact legislation to provide for - (a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies.” This House, indeed, has all the powers to pass legislation to tell this institution how to do its work. That is not interfering with its mandate. It is just like when we pass laws or traffic rules; although the Commission is independent it has to follow those laws. When we pass financial management legislation, the Commission, though independent, has to follow those laws. When it comes to delimitation of boundaries, the Commission must follow the laws that are passed by this House subject to the Constitution. Our laws are subject to the Constitution. So, the Constitution delimitations are clear. Our view, as the committee on the implementation of the Constitution, if we say that this institution will have to be given a free hand to do delimitation of boundaries now, it will not be the first review of boundaries. It will be another review of boundaries; the issues that have been coming are if ten years have to pass before another review is done. That is one. Two, if the Constitution in the transitional clauses says that the first review will be done by the Interim Independent Boundaries and Review Commission, will we be in breach of the Constitution if we give the function of solving that problem to a new institution? We have decided that the first review has been done but there are outstanding issues, or uncompleted functions. We are now, through legislation, which is the legitimate function of this House, telling this institution how to handle that unfinished business."
}