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{
    "id": 1135127,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1135127/?format=api",
    "text_counter": 105,
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    "content": "(d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and, (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose. (2) Despite Clause 1, a provision in legislation limiting a right or fundamental freedom: (a) in the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the intention to limit that right or fundamental freedom, and the nature and extent of the limitation; (b) shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and, (c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.” Hon. Members, as observed in the Speaker’s Communication of 19th September 2019 when the same matters arose during the consideration of the Finance Bill, 2019, Article 24(2) of the Constitution requires any provision enacted or amended on or after 27th August 2010 to expressly stipulate the intention to limit a fundamental right or freedom and the nature and extent of the limitation for the provision to be valid. Further, it has been the practice that this stipulation be contained in the substantive sections of the Bill and not just in the statement or memorandum of objects and reasons. As I guided then with regard to the Finance Bill, 2019, there was a requirement for “…an additional provision stating the intention to limit the right to privacy and the nature and extent of the limitation in relation to the new categories of professionals it seeks to designate as reporting institutions under the Proceeds of Crime and Anti-Money Laundering Act, 2009.” The question that follows, therefore, is whether in seeking to limit the right to privacy, the Bill expressly provides for this in keeping with the constitutional dictate."
}