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{
    "id": 588838,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588838/?format=api",
    "text_counter": 74,
    "type": "speech",
    "speaker_name": "Hon. Gikaria",
    "speaker_title": "",
    "speaker": {
        "id": 2489,
        "legal_name": "David Gikaria",
        "slug": "david-gikaria"
    },
    "content": "are violated. An example is the fees that are charged at the High Court, which the common m wananchi may not afford. Article 10 of the Constitution talks about powers to punish somebody for contempt of court. Again, we need to be very careful. Article 10(d) relates to what we were looking at just the other day at the International Criminal Court (ICC) regarding a witness who has refused to testify, one who has recanted his evidence or has said that he does not want to attend the proceedings. The ICC did not have a procedure for dealing with such a situation. Now what we have it here, under Article 10(d), it serves as a threat to a witness who might give false evidence and refuse to heed court summonses to appear before it because he know that he has lied to the court. One would know that he can be punished by being forced to appear before the same court to give evidence. We also need to look at Article 10(d) very carefully. It makes reference to someone having been called upon to give evidence in judicial proceedings, and having failed to attend because of genuine reasons or because of having said wrong things and, therefore, declining to appear before court to testify. I do not know what provisions have been made within this Act for someone who has decided not to go back to court to give evidence. I did not hear the Chairperson talk about it yesterday, but Article 10(3) talks about a term not exceeding five days as punishment for contempt of court. It is too lenient to jail somebody for only five days for contempt of court. During the Third Reading, we might have to bring some amendment to enhance that penalty. With those few remarks, I support."
}