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{
    "id": 1479328,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1479328/?format=api",
    "text_counter": 479,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "In essence, this means that the person to be selected as the chairperson should actually have served as a legal practitioner for 10 years, or a magistrate under the Act, or a person of academic qualifications which meet the threshold of appointment as a judge of the High Court. I wish to confirm to the House that the Departmental Committee on Justice and Legal Affairs agreed with this proposed amendment in view of what we have been receiving from stakeholders regarding the performance of the Ethics and Anti-Corruption Commission. I regret to inform the House that it has not been very commendable, and especially in view of how their cases have been treated by the Office of the Director of Public Prosecutions. The EACC executes its own decisions. It is not the work of the Chief Executive Officer (CEO). Therefore, when it comes to defending decisions before the Directorate of Public Prosecutions (DPP) and elsewhere, it is the Commission that goes to make that defence. Secondly, economic crimes that are anticipated by the EACC Act transcend many local and international laws. Many laws are involved. So, it becomes a bit difficult for a person who is not qualified and who does not know the law, to comprehend, especially when those laws are intertwined and have to be interpreted. The parent Act came into force in 2011 after the promulgation of the new Constitution. This particular Section should remain as proposed so that the person holding the office of the chairperson of the Commission will have to be qualified for appointment as a judge of the High Court. Clause 2 is a proposal to amend Section 5 of the original Act so that when Clause 1 comes into force, Clause 2 would protect the person holding the office of the chairperson of the Commission for the remainder of their term. We did not have any particular problem with this Clause, save for the fact that it is clear in our laws that cardinal principles of legality cannot approbate and reprobate at the same time. Secondly, there is no point in guaranteeing that which cannot be executed otherwise. Clause 3, which touches on Section 2 of the Act, deals with an accrued right of the current Chairperson of the Commission. That person has a contract that cannot be terminated through this legislation or any other legislation. The person will serve for the remainder of their contract. Our only problem with this Clause is what would happen after the person has served the remainder of their contract. In that case, Section 2 would become a dead letter law. It would not protect anyone else from that period until this Act is repealed. So, we asked ourselves if there was any need to legislate on what we would consider as illegal terms? This is because you cannot interfere with that contract until it comes to an end. That is the fact in law. So, we proposed to delete that Section so that it does not remain in our statute books after the 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."
}