Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 48142,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/48142/?format=api",
    "text_counter": 351,
    "type": "speech",
    "speaker_name": "Mr. Namwamba",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I also want to draw the attention of the House to Article 34 of the Constitution that guarantees freedom of the media and, especially, Article 34(2)(a) and (b) that guarantees the following:- “The State shall not exercise control over or interfere with any person engaged in broadcasting the production or circulation of any publication or the dissemination of information by any medium. That is a guaranteed freedom in the Constitution. The same Constitution, at Article 27, guarantees equality and freedom from discrimination; essentially, that the State must not take any measure that amounts to discrimination. Mr. Temporary Deputy Speaker, Sir, having said that, the same Constitution also celebrates the principle that those of us from the legal profession know. There can be no right without responsibility. Those who enjoy these freedoms and liberties must also be responsible. That is why Article 24 of the same Constitution provides a framework for limitation of rights and fundamental freedoms. Indeed, there is a framework within which we can limit the rights that have been guaranteed in this Constitution. For the record, Article 24 (1) states that:- “A right of fundamental freedom in the Bill of Rights shall not be limited except by law and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors including:- (a) the nature of the right of fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of the rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and, (e) the relation between the limitation and its purpose and whether there are less restricted means to achieve the purpose. Mr. Temporary Deputy Speaker, Sir, the reason why I draw our attention to these constitutional clauses is that what this Motion attempts to achieve is not just any other matter. This Motion attempts to put in place a framework to limit a constitutional right, the right and freedom guaranteed by the Bill of Rights. The only avenue the Constitution provides for achieving that is through legislation. Therefore, my fear and concern is that whereas the intentions of this Motion are very noble--- None of us wants to witness rogue opinion polls. None of us wants to see reckless information published in the name of opinion polls that can cause disaffection that can tear this country asunder. However, at the same time, in seeking to attain that noble goal, let us not also violate the same Constitution. Therefore, I want to plead with the Mover of this Motion that looking at all the examples that have been shared here--- The example of the UK, Canada and Russia; all those are examples of legislation, and not subsidiary measures taken by the State. They are measures through legislation."
}