Entry Instance

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

{
    "id": 600374,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/600374/?format=api",
    "text_counter": 106,
    "type": "speech",
    "speaker_name": "Hon. Chea",
    "speaker_title": "",
    "speaker": {
        "id": 1694,
        "legal_name": "Mwinga Gunga Chea",
        "slug": "mwinga-gunga-chea"
    },
    "content": "Hon. Deputy Speaker, I cannot conclude without speaking to Clause 38 and Clause 39 of this Bill. The problem that has affected progression of our traditional practices and knowledge is the question of protection by our law. So, you now realize that a holder, as defined under Clause 2 of this Bill, is capable of instituting civil action and taking somebody to court for having infringed a particular right. Those are very important developments in the law. Clause 39 of this Bill talks about the remedies that are available to any person who goes to court. These remedies include questions of injunction. One is able to go to court and ensure that somebody is prohibited from doing whatever another community is doing. The most important thing here is the question of compensation. Many times, you realise that a right would be infringed but there would be no compensation for it. Under the provisions of Section 39 of this Bill, the question of compensation has been seriously addressed. The other issue is the question of the applicability of customary laws and practices. This is a very important issue. Different communities had their own ways of settling disputes. For instance, in the Giriama community where I come from, we used to have pronounced oath givers. When parties had differences, they would subject themselves to an oath giver so that some of these issues would be settled. Parties would settle their disputes amicably and go back home happy. We would not expect anybody to retract such kind of a settlement. Now, people have to go to court and it is quite expensive for them. At the end of the day, the court system is adversarial because one party has to lose. I believe we will progress as a country if some of these traditional ways of doing things are well taken care of. With those remarks, I wish to support this Bill. Thank you."
}