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{
    "id": 406129,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/406129/?format=api",
    "text_counter": 33,
    "type": "speech",
    "speaker_name": "December 4, 2013 SENATE DEBATES 6 Sen. Kagwe",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, I do agree with Sen. Musila that there is an element of contradiction regarding the position of the Ministry, but the contradiction is not from the Ministry. It is the contradiction of the law because it is the law that says very clearly that these people in schools are themselves responsible for schools and the funding in schools. The Ministry of Education has never issued a circular to the effect that certificates should be held by the headmasters and the principals. Therefore, if they have not told the teachers to withhold certificates and, in fact, they are saying that the law must be followed and certificates to be issued. I think the contradiction that arises here, is what the headmaster is supposed to do if he has to collect the money owed to the school. That is what the law says. The same law is telling the headmaster that he must give the certificates. Mr. Speaker, Sir, the position we have taken is that the certificates shall not be withheld and they must be issued forthwith. As to Sen. (Dr.) Khalwale’s question regarding whether, indeed, those certificates should be sent to the District Education Officers, that is something we can pursue. We can ask the Cabinet Secretary concerned to see whether that is a viable way of doing this. I think it could because it leaves the responsibility of the collection of funds to the district officer himself. Therefore, when Sen. Musila raised this matter with me, I have taken a lot of time to discuss this with the Cabinet Secretary. I have been to his office, I have taken a lot of time with him, we invited the Cabinet Secretary to the Committee and discussed this matter at length. All we, as a Committee, can do is to push the Ministry and ensure that there is a legal basis where the policy of the Government is to issue certificates as soon as they are due. That is all we can do, but it is not possible for me to say that the Committee can order a teacher who is under the law obligated to collect that money. So, there is a contradiction and I think this is a bigger issue than a simple Statement. Perhaps, this is something that may need even a change in the respective acts so that it can be a properly and legally taken position where certificates cannot be withheld. Therefore, we should remove the contradictions that are there in law."
}