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{
    "id": 636602,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/636602/?format=api",
    "text_counter": 379,
    "type": "speech",
    "speaker_name": "Hon. Ababu",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "This is a reality. In Switzerland, you will find a canton-based political party whose only interest is a canton. They do not go beyond that. That is a reality in certain jurisdictions. Our Constitution was pieced together in the context of a lot of historical fear, misgivings and apprehensions, one of which was the overriding desire to build national unity. Article 91 of our Constitution sets the basic standard and principle for establishment of a political party. Currently, we are debating a statute law that must remain subservient and pay fidelity to these constitutional principles. That Article provides that every political party shall have a national character prescribed by an Act of Parliament. The issue of the national nature of a political party is a constitutional matter. The only way you can alter that is by altering Article 91 of the Constitution. A political party must have a democratically elected governing body. It also must promote and uphold national unity. The issue of the national-hood of a political party is enshrined and anchored firmly and expressly in the Constitution. That entire Article lists the basic principles that a political party must meet. Article 91 (2) provides for what a political party must not be or must not do. It states:- “A political party shall not be founded on religious, linguistic, racial, ethnic, gender, regional basis or seek to engage in advocacy of hatred on any such basis.” There has been debate in recent days of pastoralists or the people from the Coast desiring to form a political party whose nature, motivation and character would be nothing other than regionality, ethnicity or communality. That would be an endeavour in futility because it would be a violation of Article 91 of the Constitution. Article 92 gives this House the responsibility to legislate and provide the broader framework within which political parties must operate. As we debate this statute, may we ultimately be guided throughout this discourse by those provisions of Articles 91 and 92 of the Constitution. I am very proud of these Articles in the Constitution because for the first time the history of this country, political parties are now constitutional organs. Previously, political parties were managed under the same law called the “Societies Act”. That same law was also the framework for funeral committees, self-help groups and all sorts of small conglomerations of people coming together. Hon. Temporary Deputy Speaker, that is the framework under which political parties were previously managed. We have raised the bar by constitutionalising political parties and that is out of the appreciation that political parties are key building blocks for any democracy. They are the basis of political party. This is a law that must be given absolute primacy because it seeks to refine those building blocks of our democracy. I am pleased that in Clause 8 of this Bill we have revisited the key issue of political party merging, forming new political parties and new coalitions. It is important that we have now provided protection for Members when political parties merge. This was a motivation for the JAP of Kenya that Members have protection as they walk into JAP without necessarily being thrown to by-elections. We should use this to remove the fear that has previously been there that anytime you have a merger midstream then Members would have a problem."
}