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{
    "id": 249099,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249099/?format=api",
    "text_counter": 388,
    "type": "speech",
    "speaker_name": "Mr. Kembi-Gitura",
    "speaker_title": "The Assistant Minister for Agriculture",
    "speaker": {
        "id": 242,
        "legal_name": "James Kembi Gitura",
        "slug": "kembi-gitura"
    },
    "content": " Mr. Temporary Deputy Chairman, Sir, it is difficult to support the first part of the amendment because, in my considered opinion, Clause 28(1) is clear; \"intentionally distribute.\" If that happens and the person distributing knows that this is the intention, then that person must bear the consequences. However, I would propose to amend the second one by deleting the totality of Clause 28(2) so that in agreeing with the Members who have spoken, it is clear that he who alleges must prove. If I sell drugs because I am a pharmacist and they are misused, then I cannot be held to be the one to prove. However, if the drugs that I have prescribed are then misused, then the person who claims that I am the one who intended that purpose must be the one to prove. The burden of proof does not shift except in very rare circumstances prescribed by law. I do not consider that this is one of them, and I would propose that we delete that clause completely so that the burden of proof lies with the one who alleges."
}