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{
    "id": 495866,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/495866/?format=api",
    "text_counter": 848,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Abdalla",
    "speaker_title": "",
    "speaker": {
        "id": 382,
        "legal_name": "Amina Ali Abdalla",
        "slug": "amina-abdalla"
    },
    "content": "Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 95 be amended − (a) by deleting sub-clause (1) and substituting therefor the following new clause – (1) The Cabinet Secretary in consultation with the National Treasury may enter into a mineral agreement with the holder of a mining licence where the proposed investment exceeds five hundred million United States Dollars. (b) by deleting sub-clause (2); (c) in clause (3) by inserting the following new paragraphs immediately after paragraph (j) – (k) the payments of royalties, taxes, cess and other fiscal impositions; and (l) financial arrangements. (d) by renumbering the paragraphs accordingly. Hon. Temporary Deputy Chairman, there is a question of constitutionality that was raised by hon. (Eng.) Gumbo, in that the Constitution requires Parliament to approve all mineral rights agreements. Our amendment was to deal with fiscal concessions. We are saying that investments of less than USD500 million, the investor should not be given fiscal concessions, but I want to concede on the issue of agreements being a constitutional question. So, hon. Temporary Deputy Chairman, with your indulgence, I do not know the procedure, but I would want Clause 95(a) to read as follows:- “The Cabinet Secretary in consultation with the National Treasury may enter into a mineral agreement involving fiscal concessions with the holder of a mineral licence where the proposed investment exceeds five hundred million United States Dollars.” This then allows us to continue having mineral agreements approved by the House, but fiscal components cannot be included, they will only be included when it is a large investment. So, I do not know what I need to do. Or do I propose a further amendment that inserts the words ‘involving fiscal concessions’ between the words ‘mineral agreements’ and the word ‘with’? Hon. Temporary Deputy Chairman, I would like your advice on that. 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."
}