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{
    "id": 587148,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/587148/?format=api",
    "text_counter": 193,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Shaban",
    "speaker_title": "",
    "speaker": {
        "id": 139,
        "legal_name": "Naomi Namsi Shaban",
        "slug": "naomi-shaban"
    },
    "content": "Hon. Speaker, I beg to move that the Magistrates’ Courts Bill (National Assembly Bill No. 41 of 2015) be now read a Second Time. The main purpose of this Bill is to give effect to Articles 23(2) and 169(1) (a) and (2) of the Constitution. Article 23(2) is very clear, under the sub-heading: “Authority of the Courts to Uphold and Enforce the Bill of Rights.” It says: “Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.” This Bill has come at a time when we have asked for extension of time so that we can meet the constitutional deadlines of making sure that we operationalise and implement what was set out in the Constitution. Hon. Speaker, Part I of the Bill contains the preliminary provisions, while Part II provides for the constitution of the Magistrates’ Courts and specifies the officers to preside over the Magistrates’ Courts. It also confers criminal and civil jurisdiction on Magistrates’ Courts. Part III provides for the administration of Magistrates’ Courts. It provides for the appointment of a court administrator and sets out the functions of the court administrator, which include the establishment and maintenance of the court registry; the management and supervision of the staff of the magistrates’ courts and facilitation of the enforcement of decisions of the Magistrates’ Courts. Part IV of the Bill deals with general matters, including sittings of Magistrates’ Courts, procedure and supervision of the Magistrates’ Courts and keeping of records. This Part also repeals the Magistrates’ Courts Act – that is CAP. 10. Hon. Speaker, in order for us to effectively run the Judiciary, the Magistrates’ Courts have got to have the right legislation as per the new Constitution so that the Judiciary can, on behalf of our country and Government, ensure that justice is dispensed in all corners of this country. More so, this Bill comes in at a time when the Judiciary has been busy trying to establish courts in areas where we did not have Magistrates’ Courts. With the expansiveness of our country, the Judiciary has tried to find ways and means of taking service to the people. With this legislation, they should be able to complete the work they have started. 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."
}