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{
    "id": 34200,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/34200/?format=api",
    "text_counter": 482,
    "type": "speech",
    "speaker_name": "Mr. Wetangula",
    "speaker_title": "",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "Madam Temporary Deputy Speaker, at this age and day, we should not be contented with the Port of Mombasa alone. A small country like Mozambique has five fully fledged and functioning sea ports. They are usefully utilised and are generating a lot of contribution to that country’s GDP. Such funds can be used to build another port in Kilifi, Malindi, Lamu or Shimoni or wherever else. So, we need to fine tune this Bill and provide for the “dos” and “don’ts” of how this money can be put into use. Such funds can also be put in endowment facilities for education. Of course, we need to provide in this Bill that even when the funds have been moved to the proposed authority and the rightful claimant comes, there must be the shortest time possible within which the authority must pay the rightful claimant once he is identified. We do not want these stories of you coming; then they hire a clever lawyer; he then waves the Limitation of Actions Act on your face and tells you: You did not claim in five years’ time. So, you are done. There should be no limitation in accessing unclaimed assets by rightful beneficiaries so that whenever they are available, the limitation of actions should not apply so that they can get access to these funds. Madam Temporary Deputy Speaker, equally, the management of this Fund must be by a team that must be clearly defined. I have in mind Clause 40 which is too weak and fluid. It can give rise to the wrong people being appointed to sit on this Authority. When you say: “One person shall be appointed by virtue of his knowledge and experience in matters relating to banking and investment”, a cleaner at the bank has some knowledge relating to banking. Do they qualify to sit on this Authority? I think you should define the academic qualification of what you want. When you say: “One shall be appointed by virtue of his knowledge and experience in matters relating to accounting, auditing and law”, I want you to be sensitive and say his or her, but does my clerk in a law firm qualify to sit on this? I think not! You should clarify that this people should posses a first or second degree in law. A first degree is good enough and then experience will assist. Madam Temporary Deputy Speaker, I want to tell the Member for Ikolomani why the Ombudsman should not sit on this Authority. The Ombudsman is a public defender. Everybody in this country who is aggrieved including this Authority will go to the Ombudsman for help. There is no point to compromise the Ombudsman and sit him on any board or any authority. This is because he holds the last line of defense for the ordinary person. When you are aggrieved, you can go to the Ombudsman and be assisted. I also want to draw the attention of the Mover to Clause 47(2). I would urge you to delete it because it makes very little meaning. In fact, if anything, it runs counter to the spirit of your Bill. It says:- “A person is not guilty of an offence under sub-section (i) (b) if that person did not know that the statement was false or misleading---” When a person is filing particulars of a claim, he has a duty to file correct particulars. The defense of not knowing should not be legitimized in law. It is a defense, anyway. When you put it here, you will have people who have given false material in particular, coming and saying they did not know and the law protects them because they did not know. This would happen even when they dishonestly gave false information. The Mover should make sure that he changes that. Madam Temporary Deputy Speaker, then we come to the funds that will run the Authority---"
}