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{
    "id": 1092663,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1092663/?format=api",
    "text_counter": 39,
    "type": "speech",
    "speaker_name": "Sen. Faki",
    "speaker_title": "",
    "speaker": {
        "id": 13211,
        "legal_name": "Mohamed Faki Mwinyihaji",
        "slug": "mohamed-faki-mwinyihaji-2"
    },
    "content": "Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this Petition. The Petition by Taratisio Kawe raised very fundamental issues. If you look at the current practice, some suspects are taken to court with just an affidavit for being suspected of committing certain offences and they are detained by courts for 14 or 21 days and so on and so forth. That is in contravention of the people’s rights under Article 49 of the Constitution. To some extent, this Petition seeks to legalise what the police are currently doing to suspects. Some of them are charged with minor offences that are bailable under the law. If this Petition is processed, it can seriously dent the reputation of this Senate. Although it has already been admitted, I request the Committee on Justice, Legal Affairs and Human Rights to expeditiously deal with it so that we are not party to the attempts to claw back on our Bill of Rights. Article 47(3) of the Constitution states that- “Parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shall— (a) provide for the review of administrative action by a court or, if appropriate, an independent and impartial tribunal; and (b) promote efficient administration.” No legislation has been passed by Parliament. Therefore, that allows the police and other investigative agencies to claw back on the rights of citizens under Article 49 of the Constitution. Mr. Temporary Speaker, Sir, I urge the Committee on Justice, Legal Affairs and Human Rights to seriously consider dealing with this Petition summarily. I thank you."
}