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{
    "id": 7230,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/7230/?format=api",
    "text_counter": 391,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I shall commence with the first issue which is whether or not the processes for development and introduction of the Bill introduced by the Minister complied with Article 256 of the Constitution which provides for amendment by parliamentary initiative . In some of the contributions made on this issue, the view was advanced that the Bill, having originated from the Cabinet, did not meet the threshold of a Bill introduced by “parliamentary initiative” as the Constitution made no provision for the introduction of a Bill to amend the Constitution by Cabinet or by a sub-committee of Cabinet. It was argued that Article 256 provided only for the introduction of a Bill to amend the Constitution by members of Parliament and not by the Cabinet. Hon. Members, Chapter 16 of the Constitution titled “Amendment to the Constitution” provides for amendment either by parliamentary initiative or by popular initiative. The matter presently before us relates specifically to amendment by parliamentary initiative in respect of which Article 256(1) provides as follows:- “A Bill to amend this Constitution- (a) may be introduced in either House of Parliament; (b) may not address any other matter apart from consequential amendments to legislation arising from the Bill; (c) shall not be called for Second Reading in either House within ninety days after the First Reading of the Bill in that House; and (d) shall have been passed by Parliament when each House of Parliament has passed the Bill, in both its Second and Third Readings, by not less than two-thirds of all the Members of that House”. It is clear, Hon. Members, that a Bill by “parliamentary initiative” is one to be introduced by a Member of Parliament. In this transitional period, Article 256 should be read together with Sections 2 and 3 of the Sixth Schedule to the Constitution by which some provisions of the New Constitution are suspended while some of those of the former Constitution are extended. These provisions indicate that during the period of transition from the former to the new Constitution, some Members of the Executive will continue to sit as Members of Parliament. The import of the architecture of our Constitution and the transitional provisions thereunder is that our Parliament continues, until the next general elections, to have in its ranks, Members who are also Members of the Executive. These Members enjoy the same rights and constitutional status as any other Member of Parliament. From this perspective, there is, therefore, little doubt that Members of the Executive who are also Members of Parliament are entitled to introduce a Bill under Article 256 as the Minister has done. A constitutional amendment by parliamentary initiative at present refers to the capacity, and indeed, entitlement, of any Member of Parliament to publish and introduce in the National Assembly, a Bill to amend the Constitution."
}