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{
    "id": 937069,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937069/?format=api",
    "text_counter": 397,
    "type": "speech",
    "speaker_name": "Kathiani, WDM-K",
    "speaker_title": "Hon. Robert Mbui",
    "speaker": {
        "id": 1750,
        "legal_name": "Robert Mbui",
        "slug": "robert-mbui"
    },
    "content": "scrutiny, publication and operation of statutory instruments and for matters connected therewith. It would be important to identify what a statutory instrument is. This House has passed many laws and the Statutory Instruments Act is very clear. The law provides that it is any rule, order, regulation, direction, form, tariffs of costs or fees, letters patented, commissions, warrant, proclamation, by-law, resolution or guideline form statutory instruments. So, it is unfortunate that a lot of times the authorities forget what a statutory instrument is. We follow Section 13 which gives us a guide on the relevant considerations that the Committee must follow in order to make its decision. Allow me to just point out some of them like consistence with the Constitution and the parent Act. So, any regulation must be within the Constitution and must also be subjected to the parent Act. Many times we see regulation making authorities going outside the parent Act and giving themselves powers. They talk about things which are not in the parent Act. Also, we have to ensure that regulations do not infringe on fundamental rights and freedoms of the public. We have to ensure it does not contain a matter which in the opinion of the Committee should be more properly dealt with by an Act of Parliament. So, they do not make any new laws within the regulations. The regulations should not contain imposition of taxes unless allowed by the law. They do not bar the jurisdiction of the court or give any retrospective effect to any of the provisions and do not involve expenditure from the Consolidated Fund. We saw this in one of the regulations that came from the Judiciary. It should not be defective in drafting. We can help them with this if we have a sitting beforehand. Regulations should not make unusual use of powers conferred by the Constitution. There is no unjustifiable delay in publication. Then the one we are using to annul this one is that it should not inappropriately delegate legislative powers and impose a fine, imprisonment or other penalty which is not specified in the parent Act. Regulations should not infringe on the rule of law and any other reason the Committee may think necessary. We are annulling this because as the Mover has said, the Registrar of Political Parties has inappropriately delegated powers to herself to set guidelines. General guidelines form part of statutory instruments. So, she has given herself powers to set guidelines which will no longer be subjected to the National Assembly. That is why we feel that this is in contravention of Section 13(m) of the Statutory Instruments Act, which requires the Committee, during scrutiny, to check whether these regulations inappropriately delegated legislative powers."
}