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{
"id": 937797,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937797/?format=api",
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"type": "speech",
"speaker_name": "Sen. Halake",
"speaker_title": "",
"speaker": {
"id": 13184,
"legal_name": "Abshiro Soka Halake",
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"content": "(2) The State shall take legislative policy and other measures, including the setting of standards, to achieve the progressive realization of the rights guaranteed under Article 43.” This policy measure is introduced in a very innovative process of alternative dispute resolution that will ensure access and cost effectiveness. It will also ensure that our elders and our traditional systems and mechanisms of dispute resolution are respected, and that our elders are given the relevance, respect and also the utilizations of their capital, which is the knowledge and experience they have gathered over many years. Mr. Temporary Speaker, Sir, in the African tradition, we are all aware that our elders sat under a tree, and made sure that issues affecting their people were resolved without the exorbitant and sometimes very conflicting, controversial and adverse positions that are usually taken through a court process. These positions eventually lead to seeing people being killed through revenge happening, and so on, and so forth. I like the idea within this Bill on conciliators, who are going to take care of this by using traditional mechanisms. These mechanisms in the African culture are very robust and have been tried over a long period of time. Mr. Temporary Speaker, Sir, when we were prosecuting a Bill on taking care of the elderly, one of the things that I thought of and contributed on, was that our elders do not just need handouts. They can be used so that they can earn a living, using the wisdom and experience they have, especially in this area as proposed in this Bill. Other issues around plight of review and appeal against the decision of the committee, and the system that is very robust within this Bill, the revocation of registration, accreditation and registration of conciliators and mediators. Initially, I had a problem thinking whether this will, once again, become an issue where we do not know how the conciliators have come about, and they might not be very useful. I was very impressed that this Bill has taken care of all these issues, because it is a very robust and clear process of accreditation and registration of mediators and conciliators. There is also the content of it, as well, that has been taken care of in terms of the dispute, and it provides for resolution through alternative dispute resolution. The requirements of the law on how the dispute should be settled through alternative dispute resolution and all these processes have been taken care of. However, one thing I would just add is to make sure that even as we put in place all these very robust mechanisms, we should ensure that they are applied properly. What happens is that we have got very good frameworks in this country that are not applied. Consequently, undesired consequences can arise, where we find we have the write-ups, frameworks, policies and procedures. However, because they are not implemented or adhered to properly, then we have an undesired consequence of perhaps the conciliators or mediators not being very effective. They may also be partisan as opposed to being impartial, as was intended by this Bill. This Bill talks of contractual obligations that have clauses, which are going to provide for alternative mechanisms."
}