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{
    "id": 725666,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/725666/?format=api",
    "text_counter": 60,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Just for the information of the Members, Section 5(1) of the Privatization Act of 2005 on the composition of the Privatization Commission states: “(1) The Commission shall comprise the following Members- (a) a chairman appointed by the President; (b) the Attorney-General; (c) the Permanent Secretary to the Treasury; (d) seven Members, not being public officers appointed by the Minister and approved by the relevant Committee of Parliament, by virtue of their expertise in such matters as will ensure that the Commission achieves its objective, and; (e) the Executive Director.” It should be noted that the principal Act has two errors now and that is what we want to rectify. Section 5(1)(d) refers to the approval of the seven members of the Commission by a relevant Committee of Parliament. Approval is done in plenary and the House when committees submit their Motions. That is error No.1 which we want to rectify. Hon. Speaker, as you explained in your earlier Communication to the House, the approval of commission members is done by the House and not by a Committee. That is the first thing. The second error which was found in the principal Act is the use of the word “Parliament”. In 2005, Parliament referred to the National Assembly because the bicameral system was not in existence. This House was still unicameral. As such, there is need to align this Act with the current reality to provide for clarity in the process of appointment given that the National Assembly is the one that conducts approval of the appointees to the Privatisation Commission in this case. That is why I wish to seek for the recommittal of Clause 3 of the Bill and ask Members to support. This was an error which the Departmental Committee on Finance, Planning and Trade, and I overlooked. I had amendments. Hon. Wafula Wamunyinyi and many Members who were with me on Thursday overlooked this error. We want to thank the good teams in the Legal Services Directorate, the Legislative and Procedural Services Directorate and the Parliamentary 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."
}