Ababu Namwamba

All parliamentary appearances

Entries 741 to 750 of 1948.

• 19 Feb 2014 in National Assembly: believe that the very essence of the rule of law and organized society is anchored on respect for judicial orders. Let me also say that I am unequivocally a believer in devolution and I believe that all of us have to do everything within our powers to protect devolution. But at the same time, I know that you can use different terms to define or describe devolution. I know that the other name for devolution is not governor. The other name for devolution is not impunity. The other name for devolution is not opulent uncontrolled expenditure. Those are not synonyms ... view
• 19 Feb 2014 in National Assembly: “(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles – (e) the purpose and principles of this Constitution shall be protected and promoted”. view
• 19 Feb 2014 in National Assembly: The same Constitution is very clear that the Judiciary in the exercise of its authority must be subject to the authority of this Constitution. The Judiciary cannot conduct its affairs as if it is an authority unto itself and in a vacuum of constitutional provision. What the Judiciary is telling us is that we cannot undertake our mandate as granted to Parliament by the Constitution. I have no doubt that in the exercise of the three basic and primary roles of Parliament; we are not subject to any control. The electronic version of the Official Hansard Report is for information ... view
• 19 Feb 2014 in National Assembly: In the exercise of our responsibility in legislation, the process of enacting laws for the management of the affairs of this country, we are subject to no control. The only limitation on our legislative authority is for the Judiciary to wait until we have legislated and then they can pronounce themselves upon that legislation. In the exercise of our responsibility as an oversight institution, overseeing other arms of Government, we are subject to no control. We exercise that oversight not as an administrative action, but as a constitutional responsibility. view
• 19 Feb 2014 in National Assembly: That is why Article 125 is very clear in saying that this House, and any committee of this House, is given powers similar to the powers of the High Court to summon witness, to take evidence and actions in furtherance of our responsibility in overseeing other arms of Government. That is why this House can summon the Chief Executive Officer (CEO) of the Judiciary. The Justice and Legal Affairs Committee, chaired by my brother hon. Chepkonga--- During the last term of this House, I chaired this committee. I know this committee has the mandate to oversee the Judiciary. The Judiciary ... view
• 19 Feb 2014 in National Assembly: Therefore, either House of Parliament, whether the National Assembly or the Senate, is exercising that oversight responsibility, the Judiciary cannot restrict it. Of course, the other responsibility that we have is representation. The Judiciary cannot purport to restrict our representative authority. Therefore for me, to answer the fundamental question you have posed to us on whether we should obey or disobey orders of the courts in this respect, my answer is so simple and may even sound simplistic. It is that no citizen of any country under a constitutional order can obey an unconstitutional order. view
• 19 Feb 2014 in National Assembly: What the Judiciary is attempting to do is to throw around unconstitutional orders. We are not challenging the authority of the Judiciary, but we are challenging the authority of the Judiciary to act unconstitutionally. In so far as the Judiciary will attempt to restrict the exercise of our three primary responsibilities, from the position of original jurisdictions, neither the Judiciary nor the Executive has given us this mandate. That mandate is granted to us by the Constitution itself. The courts cannot limit us in the exercise of those three primary responsibilities. view
• 19 Feb 2014 in National Assembly: ( Applause ) view
• 19 Feb 2014 in National Assembly: So, I am very comfortable; in fact, when I look at you, you are a supreme court unto yourself. In fact, throughout the course of history, institutions that represent the people, such as this one and the Senate, have always had judicial responsibilities. That is why, when you go to the United Kingdom (UK) that gave us the Westminister model of governance, the House of Lords, which essentially is an institution of representation, they exercise supreme judicial responsibilities. When the Senate of the United States of America (USA) sits to consider the impeachment of the president, it sits as a ... view
• 19 Feb 2014 in National Assembly: When the Senate in this country sits in consideration of impeachment proceedings, it has the same authority as a judicial institution. So there is nothing peculiarly special about the Judiciary exercising judicial responsibilities. What is important is the whole constitutional concept of separation of powers; it is not merely The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor. view