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"id": 1092539,
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"type": "speech",
"speaker_name": "Ruaraka, ODM",
"speaker_title": "Hon. T.J. Kajwang’",
"speaker": {
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"legal_name": "Tom Joseph Kajwang'",
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"content": "Hon. Temporary Deputy Speaker, having said that, I think I must have prepared too many things to say. So, I need to say them quickly. Section 4 would really need to be looked at in terms of validity over Waqf. It is this Section 4 that is talking about applicability of the law and the sources of law, especially the fact that there needs to be a very clear sentence that, notwithstanding the fact that somebody does not profess that faith, a Waqf can be given in favour of that person. A poor young man in Luanda is just as poor as the other in Vanga. It does not matter the personal law that he professes or the religion that he professes. Poverty is poverty. So, all these people should be looked at. Clause 4 of the Bill says that there will be a selection panel. What I found, which I think we will be discussing in the Committee is that this selection panel shall invite views from Muslims in respect of shortlisted candidates. Who are these Muslims? Legislation cannot just say it will invite Muslims. It must show the type, the cadre, and the criteria of the people they call Muslims who will be invited as a selection panel. There is need to understand the public trustee. There is a group of four legislations that are relevant to this – the Trustees Perpetual Succession Act, the Trustees Act and the Public Trustee Act – because this is in the nature of trust law as regards to people professing the Islamic law. So, the Committee would want to understand if the various sections of the Trustees Act have been complied with. These are whether you are Islam, Christian, or African traditionalist. The Trustee Act and Public Trustee Act are applicable to everybody, including the Waqf. So, we would want to understand to what extent this has been discussed and to what extent it is consistent with the written law that is there. There is an interesting proposition here; that, the Attorney-General becomes the Chair of the Waqf Commission and, of course, with eight other members. If you go to the financial reporting… 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."
}