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{
    "id": 460374,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/460374/?format=api",
    "text_counter": 194,
    "type": "speech",
    "speaker_name": "Hon. Aden",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Thank you, hon. Speaker, Sir, for giving me this opportunity. I rise to support the adoption of this report. As I do so, I also take this opportunity to congratulate the Chairman who has spoken before me very eloquently on the good work that his Committee has done. It is time, as hon. Members of this House, we stood firm and protected the very Constitution which we swore to defend and protect. We should stand firm. If you look at this report, you will find that there was clear violation of the Constitution. This is particularly Article 232(2). The Cabinet Secretary went ahead and performed functions which are not within her domain. She did this with total disregard of the advice of the Chairman of the National Land Commission, Prof. Mohammed Swazuri. The Chairman had advised her against her decision, as it is written in this report. The Public Service Commission (PSC) whose function is stated under Article 234 to be the body that is supposed to carry out transfers and promotions of Government officers at that level has said very clearly that it was not consulted on this one. I think that the Chairman and, indeed, the Committee that did this report was very lenient. If you listened to both the Cabinet Secretary and the PSC, you would see that the Cabinet Secretary actually lied to the Committee while under oath. This is because she must have been the first to give her evidence before the PSC gave its evidence. From the report, she had earlier on said that she had the approval from the PSC, but the Commission clearly denied this. The Committee was very lenient when it did the report. The Gazette Notice which did not go through the proper procedure was vaguely worded, very general and did not refer to any Article of the Constitution or any existing law. This is a clear indication of something that was done hurriedly and without any regard to the due process of the law. Hon. Speaker, Sir, I rise to strongly defend the Constitution against violation by any person. We must guard this Constitution very jealously. I have noticed, after going through the report and the Constitution, that soon after meeting the Committee, the Cabinet Secretary beat a retreat and revoked that Gazette Notice without realizing that for the second time she was contravening another Article of the Constitution. When she revoked the Gazette Notice, she contravened Article 234(2)(b) which says that it is only the PSC that has the authority to deal with promotions and transfers at that level. Hon. Speaker, Sir, I do not want to take a lot of time but I really want to commend the work that has been done by this Committee. It has taken a lot of time to compile this very detailed report. I think there is a gap in Recommendation Nos.1, 2 and 3. This House must put its foot down and show that it has got power to check anybody who tries to contravene the 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."
}