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{
    "id": 497884,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497884/?format=api",
    "text_counter": 280,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "In passing the County Government Act, the drafters of that Bill omitted a very important aspect of law which I have highlighted in this Bill. I want to read from the HANSARD a ruling in the Miscellaneous Civil Application No.448 of 2006 determined by hon. Justice David Majanja on 31st January, 2014. This one reads as follows. “Since the application was filed, the legal landscape concerning the liabilities of local authorities in their offices under the Local Governments Act has changed. The Constitution has introduced devolved Governments through counties to replace local authorities.” He then proceeded to address the law and said; under Section 18 of the Sixth Schedule, all local authorities established under the Local Government Act as it exists before the effective date shall continue to exist subject to any law that might be enacted pursuant to Section 134 of the County Governments Act. The Local Government Act stood repealed as at 4th March, 2014 and it proceeds to say so. A study of the Act reveals that there are no transitional provisions with regard to county governments for pending court cases and judgements against local authorities. Under Section 134 of the County Governments Act, all issues that may arise as a consequence of the repeal under sub section 1 shall be dealt with and discharged by a body responsible to matters relating with transition. That body was a transition to the Devolved Governments Act under Act 1 of 2012. More importantly, in the Urban and Cities Act which was passed after the County Governments Act contains a transition provision which states as follows: “Any legal right accrued cause of action commenced in any court of law or tribunal established under any written law in force or in defence, appeal or reference as filed by any or against any local authority shall continue to be sustained in the same manner in which they were prior to the commencement of this Act against being established by law.” This section vests the power to proceed with the Act or to defend actions and legal proceedings against any defunct local authority upon a body established by law which is neither constituted in this Act.” The judge continues to state as follows: “What is clear though is that proceedings commenced against or in existence are not extinguished by operation of law but will continue to exist. He then further interprets Section 23(3) (e) of the Interpretation and General Provisions Act which provides that in any written law, repeals in whole or in part another written law. Unless a contrary intention appears, the repeal shall have no effect on investigations, legal proceedings or remedy in respect or a right privilege obligation, liability penalty forfeiture or punishment 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."
}