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{
    "id": 954516,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/954516/?format=api",
    "text_counter": 208,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(b) shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and, (c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content. Hon. Members, Article 24(2) of the Constitution requires that any provision enacted or amended on or after 27th August 2010 to expressly stipulate the intention to limit a fundamental right or freedom and the nature and extent of the limitation for the provision to be valid. I am cognizant of the fact that the Proceeds of Crime and Anti-Money Laundering Act was enacted in 2009. To the extent that the Finance Bill 2019 proposes amendments to sections of the Act with a discernible link to the limitation of rights guaranteed under the Constitution, the said amendments ought to comply with the requirements of Article 24(2) of the Constitution. Clauses 50 and 51 of the Finance Bill are not accompanied by any additional provision stating the intention to limit the right to privacy and the nature and extent of the limitation in relation to the new categories of professionals it seeks to designate as reporting institutions under the Proceeds of Crime and Anti-Money Laundering Act, 2009. To this end, the two proposed provisions fail to comply with the standard of disclosure set out by the Constitution in Article 24 (2) above and, therefore, are procedurally defective."
}