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{
    "id": 925131,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/925131/?format=api",
    "text_counter": 115,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I think we may not be able to conclude this matter in this sitting. The Bill referred to by Hon. Kaluma as having being dealt with by this House was subjected to another process provided for in Article 112 and 113 of the Constitution which is the mediation process and it collapsed. Hon. Peter Kaluma if you recall even in the last Parliament I expressed my reservations about a situation in which the Division of Revenue Bill can be subjected to the uncertainties of mediation given its very pivotal role of vertical division of revenue between the two levels of Government. Indeed, this is provided for in Article 95(4) (a) of the Constitution. Since the others have decided to take it to the Judiciary, maybe we should not address it here. Let us, perhaps, get a few of us to go and make those representations. This is because, indeed, in subjecting the Division of Revenue Bill to the vagaries of mediation with the possibility of a Mediation Committee not being able to agree, or not being able to develop a version that is agreeable to both Houses is also, in its very essence, killing devolution. The counties, under Article 224 of the Constitution, are required to prepare their budgets on the basis of a Division of Revenue Act. We would want to respect the advisory given, but as you have rightly stated, Hon. Kaluma, the advisory has that weakness. It is that advisory that has taken us to where we are now. It advised that the Division of Revenue Bill be considered by the two Houses with the potential for that kind of failure, which is where we are now. Some people have gone out there to cry that the National Assembly is killing devolution when it is merely saying, “We are dividing revenue”. There is a recommendation from the Commission on Revenue Allocation under Article 206 of the Constitution. However, again under Article 208 of the Constitution, whoever it is that receives that recommendation is mandated to deviate. It is a recommendation and not a binding decision. It is a recommendation from which, given the circumstances of the whole economic situation, whoever makes the decision is mandated to deviate if the situation demands that there is that deviation."
}