Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 593781,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/593781/?format=api",
    "text_counter": 359,
    "type": "speech",
    "speaker_name": "Hon. Ganya",
    "speaker_title": "",
    "speaker": {
        "id": 18,
        "legal_name": "Francis Chachu Ganya",
        "slug": "francis-ganya"
    },
    "content": "The other amendment was to Clause 77. The amendment provides for the payment of the Ministry’s expenditure specified in their programmes for prospecting operations, which is not expended during the term of prospecting licence in a manner that may be prescribed by regulations made under the Act and not by the Cabinet Secretary. We agree with this provisional amendment, because it just ensures clarity and smooth operations in terms of financial transactions. The other amendment was to Clause 106. This was an amendment where the Senate added a new paragraph under paragraph (1) of Clause 106 sub-section (1) saying “such other information as the Cabinet Secretary may consider necessary”. We agree with this amendment because it makes the provision for mining licences to contain any other information the Cabinet Secretary may require. It gives the CS the discretion to request other information. It was very evident from the work we were doing on the Bill that sometimes some very useful information is hidden from the Government by investors. We felt that the CS, as the executive in the Ministry, needs to have some power to get information when necessary. Clause 117 was amended by the Senate. The Senate wanted the word “Parliament” deleted. They wanted to ensure that both Houses of Parliament are consulted. Therefore, wherever the word “Parliament” was used, it was replaced it with “the National Assembly and the Senate”. This was to ensure they are part of the decision making. They were ensuring that their part is well taken care of in the law. Since Parliament refers to both Houses, we agreed with them. We did not have much problem with that. Hon. Temporary Deputy Speaker, Clause 120 was also amended by the Senate. We considered that clause as a Committee. The Senate wanted the word “Parliament” to be replaced with the words “National Assembly and the Senate”. They wanted to ensure that when we refer to Parliament, we are not referring to the National Assembly, but referring to both Houses of Parliament, and we agreed with this. Clause 149, which is the final clause is an amendment from the Senate, which requires that agreement related to large scale mining operations on terrestrial and marine areas shall be submitted for ratification by both the National Assembly and the Senate. Hon. Temporary Deputy Speaker, I am sorry I have jumped some clauses. Clause 120 is another amendment from the Senate which we considered. In this amendment, the Senate wanted to ensure that whenever the Bill refers to Parliament, it is very specific. Therefore, they replaced the word “Parliament” with “the National Assembly and the Senate”. In Clause 149, the Senate deleted sub-clause (3) and brought in the following new sub- clauses:- (3) All immovable assets of the holder under the mining licence shall vest in the county government from the effective date of the surrender or termination of the licence upon payment of the book value of the assets by the county government. (3A) Where the county government is unable to pay for the assets under subsection (3), the assets shall vest in the National Government from the effective date of the surrender or termination of the licence upon payment of the book value of the assets by the National Government. 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."
}