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{
    "id": 441990,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/441990/?format=api",
    "text_counter": 296,
    "type": "speech",
    "speaker_name": "Hon. (Eng) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "Hon. Speaker, I stand to support the Motion. From the outset, I want to congratulate the Member for Suba, hon. Ng’ongo for the foresight in bringing this timely Bill to the House. You know, this Bill ought to have come to this House a long time ago but it had been delayed and that, in my view, is unfortunate. As a country, we must move forward and now start making laws for posterity, not for individuals. When this Bill was first proposed, there were some schools of thought which were of the view that it was targeting to benefit only certain individuals. In my view, that is a narrow minded way of making laws. We should not make laws for individuals, but for posterity. The other thing that I find important is the elective position or positions in public service. These are things we encounter in the course of our lives. There are things which come before that, and there are things that come after. That is why I have always maintained that being in Government or being in Opposition can never be a permanent condition. You have seen over time people who have been in Government in the years that have gone and who are now in Opposition and vice versa. We need to be realistic when addressing the realities of our country. As you have rightly said, when we are making laws such as this, the Constitution as we know it is the supreme law of the land, and clearly there are certain aspects of this Bill which are unconstitutional. When for instance, as you have rightly pointed out, Clause 3 says that subject to sections 5(3) and 14, the persons entitled to the benefits conferred by this Act shall be persons who at any time after the 15th January, 2008 retire as Prime Minister, Vice-President, Deputy President or Designated State Officers and who do not engage in elective politics, we are actually throwing this Bill to a constitutional view. If this Bill were to be presented for constitutional interpretation at a constitutional court, it would declare that aspect of the Bill unconstitutional. This is because Article 38 of our Constitution is very clear that every citizen is free to make political choices. Any law which is in collision with the Constitution is irrelevant to the extent of that coalition. Let us not try to limit things to make laws that presuppose superiority of the Constitution because that is a nullity. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}