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{
    "id": 85349,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/85349/?format=api",
    "text_counter": 340,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I want to refer you back to Section 259 of the Constitution which tells us what we ought to do in interpreting this Constitution. It does provide as follows: The subheading there is “construing this Constitution”, in other words, interpreting, understanding or giving meaning to this Constitution. It says: “This Constitution shall be interpreted in a manner that:- (a) promotes its purposes, values and principles.” We might want to pose there and ask ourselves, for the purpose of the point of order which has been raised this afternoon: What is the purpose of the Constitution? The purpose of the Constitution after the effective date is that it be implemented. So, as we interpret this Constitution, we must give effect to that purpose. I want to cite a basic concept of law, much as I am not in the Supreme Court now, but just like the Minister for Justice, National Cohesion and Constitutional Affairs, I also have had the privilege to train and practise as a lawyer. This doctrine says: “Equity looks at the substance and not form.” What is the substance? The substance here is whether or not the Bill listed at Order No.8 should proceed to Second Reading. The substance further is: Has it been properly published? In my considered opinion given the Memorandum that has been tabled by the Minister for Justice, National Cohesion and Constitutional Affairs, dated 23rd August, 2010, I am satisfied that the Attorney-General has had his input in this Bill. If anything, he has acquiesced to it. This is because he says that the Minister for Justice, National Cohesion and Constitutional Affairs can continue and progress this Bill. So, we have the acquiescence of the Attorney-General that he is aware of this Bill. He may not have physically and personally drafted it but after the Minister for Justice, National Cohesion and Constitutional Affairs, by whatever process, caused it to be generated, the Attorney- General was satisfied with the Bill. What is the second limb? “The Attorney-General shall, in consultation with the Commission for Implementation of the Constitution, prepare---” Now, the situation prevailing is that the Commission on Implementation is not yet operationalized, but as to establishment, it is, in fact, established. I want to refer you to page 194 of the Constitution, Sixth Schedule, Section 5(1). It expressly says:"
}