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{
    "id": 431933,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/431933/?format=api",
    "text_counter": 180,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Simiyu",
    "speaker_title": "",
    "speaker": {
        "id": 141,
        "legal_name": "David Eseli Simiyu",
        "slug": "david-eseli"
    },
    "content": "Thank you, hon. Speaker for giving me this chance to make my brief contribution to this very important Bill. Hon. Speaker, we are all desirous that the Government be allowed a leeway to borrow on the international market where we, perhaps, hope to get more favourable interest rates, so that we can relieve the local money market. However, as the Bill stands, I fear that it has certain loopholes which have not been completely sealed. If we agree with this Bill that money be disbursed directly to the suppliers from the loan source--- This is a very cheeky way of trying to circumvent the public procurement law. This is because if it is disbursed in a foreign country where it is raised, we might not be able to control the procurement law; that is where problems emanate from. I do know that there are several people who say that the procurement law is convoluted and difficult to implement. However, in my opinion, an honest person implementing the procurement law has no problem. It is quite straightforward. It only becomes a problem for anybody who wants to mess here and there. I think, in view of that, I will support an amendment to delete Clause 3(7)(c) that money be disbursed directly to the suppliers. That raises a lot of questions. There is also Clause 5(6)(c) where at 6 it says, an external loan or external government security may be executed on behalf of the national government only by (a) the Cabinet Secretary, (b) a delegate appointed by the Cabinet Secretary, in writing or (c) a borrowing agent appointed for the purpose of this Act. But it does not state for the purposes of this Act. Who is appointing that borrowing agent? Who, indeed, is that borrowing agent, considering that, that borrowing agent is the one who is going to sign for that security? It goes on under subclause (7) to say that for the purpose of Subclause (6), it shall be sufficient if the signature of a person who is required to execute an external government security under this section is reproduced on the security. That to me creates an avenue for mischief. This country has a long history of mischief wherever finance is concerned. We have a long history of mischief whenever external borrowing is involved. If, indeed, we are putting in place this law to replace what we forgot to do in the Tenth Parliament, then we have to make it airtight, because this is a chance for us to make things better and not worse. This is because the issue of external borrowing is still afflicted by controversy surrounding the Anglo Leasing affair. Hon. Speaker, it is important to note that if we leave paragraphs (b) and (c) of Subclause (6) as they stand then scandals similar to Goldenberg and Anglo Leasing will definitely recur. We need to clean up that and I will be supporting amendments intended to clean up this area. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}