National Assembly Deputy Speaker, Job Ndugai said yesterday that there is little possibility of the next Parliament session debating Chadema’s planned private motion on the 10th Isles Constitutional amendments.
“I don’t see that possibility, because the constitution is a sensitive issue, which needs enough time for discussions,” said Ndugai in an exclusive interview with The Guardian in Dar es Salaam.
The Guardian had sought comment from the deputy speaker on Chadema’s plan to formally table a private motion in the February Bunge session to challenge Zanzibar constitutional amendments, which it claimed have “direct, negative and irreparable” effects on the existing Union between Zanzibar and Tanzania Mainland.
The opposition described the amendments as “unconstitutional” and that they grossly violated the Union constitutional and fundamental principles set out by the founders of the nation - the late Mwalimu Julius Nyerere and Abeid Amani Karume.
However, the deputy speaker clarified that the motion cannot be moved by Chadema, saying it has to be done by an individual MP.
“Rules and regulations restrict them (Chadema) to present the motion as opposition camp,” said Kongwa MP.
Ndugai explained that he does not see the possibility of the motion being discussed in the next parliamentary session, because of what he described as sensitivity of the matter.
“If it will be submitted as a private motion, it must pass through some channels as per the Parliamentary rules and regulations before being tabled in the Parliament for discussions by legislators,” said the deputy speaker.
He, however, said that “the Parliament might debate the motion if it will be presented in a manner which makes it urgent…in other words, it depends on the urgency of the matter…but I don’t think it is possible to debate the motion in the February Bunge session.’
Ndugai noted that constitutional matters were sensitive, and therefore need sufficient time for parliamentary and related machineries to go through the “motion” before tabling the same in the Parliament for discussion by legislators.
“That is why I insist that there is little possibility of the next Parliament to debate Chadema’s private motion on Isles constitutional amendments…such issues are sensitive; they need time to digest before allowing discussions by MPs…it cannot be rushed,” stressed Ndugai.
However, Chadema yesterday stuck to its gun saying the motion must be submitted in the next Parliament session through avenues provided in the Parliamentary Standing Orders.
Chadema Director of Justice, Constitution and Human Rights, Tundu Lissu told The Guardian that rules and regulations as provided for in the Parliamentary Standing Orders allows the party to present the motion through two options—first-MP’s private motion which will be submitted to the National Assembly office through its Clerk. Second option, according to Lissu, is through Chadema MP presenting a motion to debate an “emergency matter for the national interest” during the parliamentary session.
“But I will not disclose to you which one of these two avenues I am going to use in presenting the motion. I insist that the motion must be presented in the next Parliamentary session,” noted the outspoken MP.
On Sunday, the opposition Chadema was quoted as saying that “Although they were made to calm down protracted political squabbles in the Isles, the Zanzibar amendments are absolutely unconstitutional…We are going to challenge them in the Parliament.”
A lawyer, Harold Sungusia from the Legal and Human Rights Centre, said: “The Isles constitutional amendments have vested more powers to the Zanzibar president in handling Isles affairs, and reduced powers of the Union president in Zanzibar…On top of that, these changes disrupted, confused and contradicted many things in the management of Union issues.”
The Minister for Constitutional Affairs and Justice, Celina Kombani, declined to comment on the existing contradictions on the Zanzibar and Union constitutions, on the ground that “I am not concerned with the Isles constitutional amendments…ask the Isles constitution minister…that’s my comment.”
SOURCE: THE GUARDIAN
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