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{
    "id": 588833,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588833/?format=api",
    "text_counter": 69,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "This Bill is before this House as part of the reform agenda that is taking place within the Judiciary arm of the Government. The Constitution empowers the courts to uphold and enforce the Bill of Rights. Within the reading of Article 23(2), it imposes an obligation on Parliament and, more so, the National Assembly to enact a legislation that gives original jurisdiction to all courts, but in this particular Bill, to subordinate courts and the magistrates courts to discharge their functions in the determination of cases relating to violation or infringement of fundamental freedoms in the Bill of Rights. The principal objective of this Bill is to give effect to Articles 23(2), 169(1) and 2 of the Constitution by providing the magistrates courts with that jurisdiction, powers and, more so, with the procedure of how the magistrates courts will function. If you look at Part II of the Bill, it provides for the constitution of the magistrates court. What is the composition of that court? That is what Part II talks about. That Part also confers the criminal and civil jurisdiction in terms of the function of the magistrate’s court - what it can do and what it cannot do in terms of criminal or civil cases. This Bill also deals with the whole aspect of the administration of the magistrates courts. For the first time, it gives the Registrar of the courts the responsibility to set out the powers, functions and duties of the Registrar. All those duties are assigned in this particular Magistrates’ Courts Bill, 2015, and how they relate to the Chief Registrar of the Judiciary. Because this court is so important within the Judiciary, this Bill sets the secretariat, functions, objectives and boundaries of the court in terms of jurisdiction. It also provides, for the first time, the appointment of a court administrator who will be in charge of the magistrate’s court. What are the powers and functions of that court administrator? For the first time, this proposed Act is also establishing a specific registry for the magistrate’s court which is not there today. The management and supervision of the staff of the magistrates court is also well 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."
}