The Ministry of Justice and Constitution Affairs on Tuesday clarified on the fact that the President has the right to delegate.
This comes amid media stories that quote the announcement which the Speaker of the National Assembly,. Richard Msowoya made in the National Assembly to the effect that the President had delegated to the respective line Ministries.
According to The Nation Newspaper, by such delegations, the President flouted the Constitution which swore to uphold.
In a statement, the Justice Ministry outlined that Section 89 of the Constitution deals with powers, duties and functions of the President.
States part of the statement; “Sub- section (3) and (4) of that section provide for questions to the President. Section 89 (6) of the same constitution expressly states that “the powers and functions of the President shall be exercised by him or her personally or by a member of the Cabinet or by Government official to whom the President has delegated such power in writing.”
Commenting on the question that was asked in the chamber by one Member the statement said the constitution is clear that there are certain specific powers and functions which can only be exercised by the president alone but this does not restrict him from delegating.
“With respect to the Parliamentary questions, the Business Committee fully appreciated that the President could delegate his functions. Standing Order 70 and 201 of the National Assembly regulate the manner in which questions to the President are handles.
“Except for question under Section 89 (3)(C) of the Constitution, standing order 201 leaves open the possibility for the President to delegate,” reads another part of the statement.
Meanwhile, government has therefore appealed to all those who comment on matters of public interest to do so in a manner that is fair and accurate.Follow and Subscribe Nyasa TV :