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{
    "id": 115539,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/115539/?format=api",
    "text_counter": 530,
    "type": "speech",
    "speaker_name": "Mr. Abdikadir",
    "speaker_title": "",
    "speaker": {
        "id": 1,
        "legal_name": "Abdikadir Hussein Mohamed",
        "slug": "abdikadir-mohammed"
    },
    "content": "“Where a person has been charged with or convicted of an offence (the charge has already happened and he has already been convicted) and police officer has reasonable grounds for suspecting that any person has possession or control of---“ It goes ahead to state: “---that the police officer ought to apply on a ex parte basis.” Mr. Temporary Deputy Chairman, Sir, that means that the police officer alone goes to court to seek “a”,”b”,”c”,”d”. The problem is that when those orders are being given, the police officer is alone. The police officer goes to court alone. It is not what is referred to as “hot pursuit”. In other words, the police officer is not chasing a thief and then he says that he does not have time to record. This is a different scenario; it is a point where we are in court; where the police officer is searching for a production order. That is where Subclause 4 comes in. Our concern is that we want police officers to put it in writing and make it a criminal offence so that if they do not put it in writing and more important, if they falsify information, we want it to attract a penalty. This is because we have given a lot of powers to the police under this. We have also made it extremely difficult for anybody who does not follow these laws. We want fairness on the other side so that this is not used for rent-seeking. This law should not be utilized as law enforcement for harassing people, rent-seeking and bribe-seeking. Really, this is the issue. It is not to curtail a police officer who is on an emergency mission. Probably, I would be willing to make it tighter so that we just make it deal with Clause 107. I am willing to hear the proposal from the Minister. Clause 107 is about powers to search for and seize documents relevant to locating property. If the Minister is willing to make it tighter so that we deal with those powers of search and seizure of documents relevant to locating property as opposed to an officer who is searching for a thief who is running away and who does not have time. We are dealing with documents and seizure of documentation and powers to search in relation to the seizure of documentation in locating property. In other words, where somebody is trying to hide documentation, we are asking the police officers to record."
}