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{
    "id": 263861,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/263861/?format=api",
    "text_counter": 225,
    "type": "speech",
    "speaker_name": "Mr. Orengo",
    "speaker_title": "The Minister for Lands",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I will even mention that, in fact, when this matter went to the Cabinet, there was no unanimous position on this. However, some hon. Members felt that the age qualification may be a little too high. We thought is that if you go through some subsequent provisions of the Bill, this Commission will have some quasi-judicial functions. If you look at those functions, they are judicial functions to make determinations and adjudicate over disputes which relate to land in many ways. That may require people who have, not only the knowledge, but have appropriate experience in matters relating to land. So, they should be almost to the level of a senior High Court judge or a judge of the Court of Appeal. However, we are not saying that this Commission should be a commission of lawyers. I truly feel that there should be a balance of all experiences and professions in this Commission. There are also the provisions that deal with how vacancies may arise in relation to the chair and the members of the Commission. This is the standard. They are a replication of what we saw in the Judicial Service Commission (JSC) Bill and many other Bills which have gone through this House. The only thing is that any person who is a member, his office shall become vacant if that person is convicted of a felony. We thought that any kind of criminal record for a member of the Commission should be frowned upon. There were those who also felt that if it was an offence punishable by a sentence of less than three years which also should be captured. But in the Bill, it captures only the convictions where it is determined that the person committed a felony. Part of the criticism of the Bill which I may as well deal with in this regard has been that in this Bill, there is no provision for a vice-chairperson. If the House feels that we require a vice-chairperson, so be it. However, you will notice under Chapter 15 of the Constitution in the independent commissions, there is no require for a vice-chairperson. All that is required is a chairperson and not more than eight other members. This would mean that the constitutional threshold in terms of limit for any of these commissions is nine unless they are established under the Constitution. The appointment made directly under the Constitution without any implementing or enabling legislation."
}