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{
    "id": 926008,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/926008/?format=api",
    "text_counter": 49,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, please settle down. Is the Member for Seme seated or standing? Sorry, he appeared like he was sitting. Hon. Members, I have some comments to make before I direct on how to deal with this Motion. I have listened to contributions by a number of you relating to this Motion, which is for the adoption of the report by the Departmental Committee on Lands on the inquiry into a complaint by Kamiti Anmer Forest Squatters Association regarding allocation of land LR. No.8390 in Kamiti Anmer Forest, laid on the Table of the House on 18th June 2019. Having listened to some of the comments and contributions by some of the Members, my attention has been drawn to the provisions of the Forest Conservation and Management Act (No. 34 of 2016). Section 34 relates to variation of boundaries or revocation of public forests. It reads as follows: “(1) Any person may petition the National Assembly or the Senate, for the variation of boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest. (2) A petition under subsection (1) shall demonstrate that the variation of boundaries or revocation of the registration of a public forest or a portion of a public forest does not— (a) endanger any rare, threatened or endangered species; or (b) adversely affect its value as a water catchment area; and prejudice biodiversity conservation, cultural and site protection of the forest or its use for educational, recreational, health or research purposes. (3) A petition made under subsection (1) shall be considered in accordance with the provisions of the Petitions to Parliament (Procedure) Act and the Standing Orders of the relevant House. (4) The Cabinet Secretary shall, within thirty days of the petition being committed to the relevant committee, submit a recommendation on whether the petition should be approved subject to— (a) the petition being subjected to an independent Environmental Impact Assessment; and (b) public consultation being undertaken in accordance with the Second Schedule. (5) If the relevant committee reports that it finds that the petition— (a) does not disclose a ground for variation of the boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest, no further proceedings shall be taken; or (b) discloses a ground for variation of the boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest, the National Assembly or the Senate shall vote on whether to approve the recommendation. (6) If the resolution under sub-section (5)(b) is supported by a majority of the members of the National Assembly or the Senate, present and voting, the Cabinet Secretary shall publish a notice in the Gazette.” My attention has been drawn to the fact that it is mandatory that the CS, as provided for in sub-section (4) must make some recommendation on whether or not the petition should be approved, only being subjected to those two conditions. From the report, no such recommendation has come from the CS. Therefore, the House, in either approving or not approving this resolution, will be proceeding without the input of the CS as provided for in The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}