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{
    "id": 539670,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539670/?format=api",
    "text_counter": 88,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "opportunity to make representation in that regard and also there should be adequate notice for any right of the review or internal appeal where applicable. The Constitution imposes a duty on the public administrators to give written reasons to anyone whose rights are adversely affected by administrative action. This is in Article 47 of the Constitution, Sub-Article (2), to be precise. Another important aspect of the Bill is the reason for the administrative action affecting a person negatively. It is required that, in the interest of practising fair administrative action, it is the duty of the administrative officer to give reasons. This is based on three basic qualifications. Firstly, everyone is entitled to reasons. Article 35 of the Constitution on the right to access of information, basically explains it all. Secondly, a request is a needed, and that need is a basic right. For general purposes, this Bill has been brought here under Chapter 4 of the Constitution, which is the Bill of Rights. Therefore, one’s rights must have been materially and adversely affected. The biggest part about this Bill is the reasons as to why an administrative action is being taken. As I said, Article 35 guarantees everyone the right to request for access to information. Why do you need reasons? I believe that the reasons for an administrative action must be given in written form, and not orally. The reasons provided by a public official, who in this Bill is being referred to as the ‘administrator’, must be written, and not just provided orally. I will explain my findings on why these reasons are important. It is because they are the main theme of this Bill. The Bill seeks to establish accountability in public administration. It is one of the core values contained in our Constitution, under Article 232 (1) (e) and (f). One of the core values of our Constitution is fair public administration. It is also important to note that the Constitution prescribes the basic principles governing public administration. I believe that in the absence of reasons, there will be an impression of secrecy and arbitrary administrative action. It is, therefore, very important to provide reasons in order to facilitate a transparent and an open mode of administrative action and decision making for that matter, thereby furthering the aim of administrative accountability. I want to take some time to explain why the public administrator must give reasons for Members to understand. This is, indeed, compatible with both the letter and the spirit of our Constitution, as provided for in the Articles that I have referred to. Provision for reasons will ensure that an affected person will accept administrative action. The affected person may accept administrative action and decision more readily. This may contribute to public confidence in public administration as it demonstrates that the decision maker has acted in a bona fide manner. Reasons are the crucial building blocks of not only accountability but also fairness. The Bill has clearly, in Clauses 4, 5 and 6 explained the importance of giving reasons. Provision of reasons satisfies an important desire on the part of the affected person to know why a decision was reached; this really contributes to fairness in public administration. Let me just give examples for Members to understand what this Bill is all about. The affected person may want to know why an application for a passport was turned down. The affected person may want to know why an application for a business licence was turned down. The affected person may want to know why a permit to hold a public meeting was denied. The affected person may want to know why a disability 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."
}