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{
    "id": 472485,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/472485/?format=api",
    "text_counter": 157,
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    "speaker": null,
    "content": "in Germany. In this Bill, the procurement failures and the failures of the persons who have procured are put on a website or a notice board for everybody to read. That is the only way that will ensure that the people we are trying to give preferential treatment under the Constitution are protected. If we do not ring fence the 30 per cent that we have contemplated, then that amount will end up with people who do not deserve it. I support and say that the positive discrimination that we have included in this law should now follow what we refer to in legal terms as intelligible differentia so that in counties where women are more than men, we get to know that the women who end up in this category have been given this advantage. What about the disabled persons? How do we categorise the disabled persons? Sen. Godliver has spoken about this. How do we differentiate and say that in the 30 per cent, you have a portion for women, the youth and you also have a portion for the disabled persons? So, serious considerations need to be put into this. Mr. Deputy Speaker, Sir, in some of the public hearings that we conducted with my Committee, one of the things that we found out was that there was serious non- compliance to some provisions of the law because there are no sanctions, no follow up and there is no reporting system. Mr. Deputy Speaker, Sir, I support both amendments to Section 2 and Section 39. The reason I do so is what I said before. The purpose of ensuring that we are doing a good job is confirming that, in fact, there will be a reporting system. I have now learnt a new word that a foolish law is like a rope of sand. We do not want to come up with a foolish law and neither do we want to come up with a law that cannot be enforced. In the last financial year, out of the sharable revenue, we, as a country, cannot tell that Articles 227 and 55 and Sections 26 and 27 of the previous law as it were, had been complied with before this amendment. We should be taking an audit of the last financial year and asking counties to produce a list to show that, in fact, prior to this amendment, we have proposed, they had complied with the law. Clause 39 which is in tandem with the sanctions provided is a tragedy. Other than what we are proposing here, 30 per cent of these persons, who are contemplated under this law, should access employment. Counties are known to have violated the law in terms of the 30 per cent of hiring persons outside their respective counties. As we do so, we must tell counties that they must comply with the law. The law says that 30 per cent of persons employed in every county must be from outside that county. As we amend this law, I am suggesting that, in fact, we must go back to those counties and say that other than procurement, employment must also follow the law so that the youth of this country who have been waiting for eternity to get positions of employment and empowerment can access employment. We should not have the manifestos like the one for Jubilee Government guiding us on how many people will be hired at the end of a certain period. Employment of people, persons or youth or the disadvantaged persons should not be and cannot be a preserve of a particular coalition or Government. This is a constitutional issue. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}