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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
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"content": "Hon. Speaker, the Witness Protection (Amendment) Bill, 2016 is basically meant to amend the Act to align it with certain provisions of the Constitution and other legislations. It is supposed to ensure that the agency operates within the purview of the Constitution and any arrangements for reciprocal protection with other foreign states. It might involve other states, international courts or tribunals to confirm that the Constitution and the relevant legislations are in place. Clause 2 of the Bill proposes to amend the Act by redefining certain existing terms and inserting new definitions. Clause 3 of the Bill proposes to amend the Act by completely repealing Section 3 and replacing it with new sub-section 3. The purpose of new sub-section 3 is to increase the scope of the application of this Act in terms of the law. It provides for who qualifies for protection owing to specialised nature of that witness operation. It ensures the autonomy, the covert capability and confidentiality of the agency in the process of discharging its mandate of protecting persons in possession of important information. So, at what stage do we protect? Who do we protect? What autonomy do we give? What kind of confidential information does the person have? Clause 4 proposes to amend Section 3A of the Act by inserting a new sub-section 3. This is meant to exempt the agency from the provision of any State corporation. So, Section 3A exempts the agency from the day to day operations of other State corporations that function under the State Corporations Act. Clause 5 of the Bill contains a proposal to amend Section 3D of the Witness Protection Act. This amendment proposes to include among others the power which is given to the Agency in terms of the ability to establish the instruments to enable it to discharge its mandate. This will ensure that the agency is flexible in adopting the ever-changing environmental prevailing circumstances."
}