HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 523233,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/523233/?format=api",
"text_counter": 66,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Even before the Leader of the Majority Party responds, of course that is about giving effect to Article 81(b) on not more than two-thirds of either gender is to belong to any elective body, and Article 100 on representation of minorities and such like groups. I am sure, and the hon. Gumbo knows it, behind the scenes, as Chair of the Centre for Multiparty Democracy (CMD), I was one of the people who went to court. So, I am aware of the ruling from the Supreme Court. It is one of those rulings that sometimes I do not know whether they help grow jurisprudence. Everything was thrown back to Parliament. But how is Parliament going to ensure that by August of this year, not more than two-thirds of either gender is represented in this House? It is not easy unless we are saying some of these Members like hon. Gumbo, hon. Nyikal, hon. Mwadeghu, hon. Opiyo Wandayi, hon. Pukose, hon. Mwashetani, hon. Elmi, the Leader of the Majority Party, hon. Washiali will go home to give room for the other gender to come and be represented. How is it possible to ensure that in August of this year, during the lifetime of the 11th Parliament, not more than two-thirds of either gender is represented in this House? I do not know anybody who can give us the mechanism of how we are to enact a law to ensure that not more than two-thirds of either gender is represented here without--- I am saying this because if you look at Article 89(1), the number of single-member constituencies is specifically 290. Go to Article 97(1)(b) which provides for 47 women representatives. Unless somebody tells the Supreme Court to now tell us those provisions of the Constitution are being amended--- If you amend them, you will also have to amend Article 98 with regard to the Senate. So, how is this going to be achieved? Is it to say that we are going to amend the Constitution to create more constituencies while at the same time there is hue and cry about the wage bill and bloated numbers? All these arguments were presented to the Supreme Court in 2012. We were well represented by Stephen Mwenesi. However, the Supreme Court did not give guidance. So, I do not know whether anybody will be moving to that same Supreme Court to purport to dissolve the 11th Parliament. If the Supreme Court had taken the route of compelling political parties, which is what we were agitating for, perhaps it would have been easier, because all we needed to do was to enact a law to amend the Political Parties Act and the Elections Act to just comply with an order which would have been directive. Remember it is not just Parliament which has to come up with that legislation, the Commission for the Implementation of the Constitution (CIC), having been also represented at that hearing, has an obligation to generate a law that helps to realise that Supreme Court’s decision. However, it is a very good point, hon. Gumbo, that you are raising, so that these Members keep in mind that there is also some threat either to them or to the other House. Indeed, the country has to come to terms with the ruling as to how we are going to realise that not more than two-thirds of Members of either gender are to be in Parliament as a whole. I think the point you are raising is fundamental and useful. However, I also want to say that what the Leader of the Majority Party has said is quite right. Hon. Members, maybe, this is where it is important to also recall the provisions of our own Standing Order No. 97, whose advantage was well taken by hon. Gumbo yesterday. 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."
}