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{
    "id": 177587,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/177587/?format=api",
    "text_counter": 255,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "3682 PARLIAMENTARY DEBATES November 27, 2008 THAT, the Bill be amended be inserting the following new clauses under New Part 1(a):- Ethnic Discrimination 2A (1) For purposes of this Act, a person discriminates against another if- (a) on ethnic grounds he treats that other less favourably than he treats or would treat other persons; or (b) he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same ethnic group as that other but- (i) which is such that the proportion of persons of the same ethnic group as that other who can comply with it is considerably smaller than the proportion of persons not of that ethnic group who can comply with it; and, (ii) which he cannot show to be justifiable irrespective of colour, race, nationality or ethnic or national origins of the person to whom it is applied; and, (iii) which is to the detriment of that other because he cannot comply with it. (2) A person also discriminates against another if, in any circumstances relevant for the purposes of any provision referred to in sub-section 1(b), he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but- (i) which put or would put persons of the same race or ethnic or national origins as that other at a particular disadvantage when compared with other persons, (ii) which puts that other at that disadvantage; and, (iii) which he cannot show to be a proportionate means of achieving a legitimate aim. (3) For the purposes of this Act, segregating a person from other persons on ethnic grounds is treating him less favourably than they are treated. (4) Sub-section (1) does not apply to treatment of a person by reason of any allegation made by him if it is proven in a court of law that the allegation was false and not made in good faith. Mr. Temporary Deputy Chairman, Sir, the reason that we are introducing this new Clause is that as per the contributions of hon. Members during the debate, they felt that the Bill needed to be given more substance because as originally crafted, the Bill was only establishing a Commission without giving substance to the law. So, this part basically seeks to give substance to the law, by defining what ethnic discrimination is and by outlawing different segments of ethnic discrimination."
}