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{
    "id": 510936,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/510936/?format=api",
    "text_counter": 76,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(i) whether Clause 4 that provides for the Cabinet Secretary to designate areas for public meetings is contrary to Article 37 of the Constitution, which gives every person the right to peacefully, and while unarmed, assemble, demonstrate, picket and present petitions to public authorities; (ii) whether Clause 18 that allows the court to extend the holding of a suspect in custody for more than 24 hours contradicts Article 29 of the Constitution on the right of a person not to be deprived of freedom of the person; (iii) whether Clauses 25 and 26, which provide for stay of an order granting bail to an accused person where the office of the Director of Public Prosecutions gives indication of intention to appeal against such an order contradicts Article 49 of the Constitution on the right of the arrested person to be released on bond or bail; and (iv) whether the limitation of fundamental rights and freedoms in the Bill complies with the requirements of Article 24(2)(b) of the Constitution as to its drafting style. Hon. Members, as you are aware the Bill was published on 8th December, 2014, and read for the First Time on 9th December, 2014, after the House approved a Motion for reduction of publication period from 14 to one day. Standing Order No.127(3), which implements Article 118 of the Constitution, obliges that the Departmental Committee to which a Bill has been committed facilitates public participation and takes into account the views and the recommendations of the public when the Committee makes its report to the House. I am aware that the Clerk issued an advertisement in the daily newspapers which appeared on 10th December, 2014, inviting interested members of the public to give their views on the Bill on or before Monday 15th December, 2014 at 5.00 p.m. The advertisement also indicated that the committee will be holding sittings to conduct hearing on the same Bill on Wednesday 10th, Thursday 11th and Monday 15th December, 2014. To this extent, the House has complied with the requirements of the Standing Order No.127(3), as read together with the provisions of Article 118 of the Constitution. What is awaited is the report of the committee. However, the precedent of this House has been that the absence of a report of a committee does not prevent any Bill from proceeding to Second Reading. Hon. Members, the issue of whether the relevant Departmental Committees have been accorded an opportunity to consider the issues related to their mandate--- As you are all aware, once a Bill is read for a First Time, it is committed to the relevant Departmental Committee for consideration. Members and committees of the House, therefore, automatically become seized of a Bill immediately after the First Reading, and Members and the committees are at liberty to bring any amendments as may be necessary when the Bill proceeds to the Committee Stage. Indeed, at the First Reading of a Bill, there is no Question put. The Bill is deemed to belong to the entire House. It is, therefore, important for the Members and the committees to keep themselves up to date with the proceedings of the House."
}