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{
    "id": 632190,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/632190/?format=api",
    "text_counter": 213,
    "type": "speech",
    "speaker_name": "Hon. Ababu",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "My major concern and addition to that contribution is on the role of the NLC. I am afraid and, indeed, petrified by the very deliberate attempt to emasculate the NLC and basically to edge it from the centre or the prime position of influencing the new arena, the new administration or framework of handling land. I just want to remind this House that if you look at Article 67 of our Constitution where the NLC is established and you look at the functions that the drafters of the Constitution in their wisdom bestowed upon the NLC, you will find that there are wide ranging responsibilities. They range from management of public land on behalf of both the national and county governments, recommendations on policy, advising national Government, conducting research and initiating investigations. All those issues that are listed under Article 67(2)(a) up to (h)--- Fundamentally, Sub-clause(3) says that the NLC may perform any other functions prescribed by national legislation which means that in their wisdom, the drafters of this Constitution envisaged a situation where this House would be considering additional responsibilities to the NLC and not making effort to take away those functions or any functions envisaged by this Constitution in favour of the NLC. That is the essence of Article 67(3) that calls upon this House to prescribe any other functions that we may see fit for the NLC. Therefore, when I see a piece of legislation such as this one which right from the beginning, for instance, from Section 3--- Section 6 of the Land Registration Act is amended in sub-section 1 by deleting the words “commission in consultation with the national and county governments” and substituting therefor the words “Cabinet Secretary”. This is the trend I saw in the Community Land Bill where deliberate effort was being made to substitute the terms. There is absolutely nowhere in the Constitution where the mother law of this land gives any primacy or any superior responsibilities to the CS to replace or subjugate responsibilities that squarely belong to the NLC. This is incredible. 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."
}