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{
    "id": 976821,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/976821/?format=api",
    "text_counter": 255,
    "type": "speech",
    "speaker_name": "Sen. Farhiya",
    "speaker_title": "",
    "speaker": {
        "id": 13179,
        "legal_name": "Farhiya Ali Haji",
        "slug": "farhiya-ali-haji"
    },
    "content": "Madam Temporary Speaker, this Bill would be more effective if the law on protection of witnesses is also enacted. This is so that those people who blow the whistle on corruption, like it is envisaged in this Bill, are protected legally. Madam Temporary Speaker, this Bill foresees deferred prosecution. Part 2 of the Bill provides for amnesty for corruption cases under a deferred prosecution agreement with the Director of Public Prosecutions (DPP). Once the investigating body establishes that there is a case to answer, a lifestyle audit is carried out. When it is determined that the person could not account for his wealth, then another process is followed, where the matter is now referred to the office of the DPP for criminal proceedings. As a result of that, there is also a Section on deferred prosecution agreement. Madam Temporary Speaker, Part 2 of the Bill provides for amnesty for corruption cases under deferred prosecution agreement with the DPP. A deferred prosecution agreement in respect of the alleged offence may be entered into before or after the date on which a person is charged with the alleged offence, but shall not be entered into after the commencement of trial for the alleged offence. Persons who may enter into deferred prosecution agreement include individuals, body corporates and limited liability partnerships. A deferred prosecution may attach the following obligations:- (i) To pay to the DPP a financial penalty; (ii) to compensate victims of an alleged offence; (iii) to compensate for loss of public funds; (iv) to pay interest on the lost funds; (v) to surrender all private assets acquired using the public funds; (vi) to donate money to charity or any other third party; and, (vii) to disgorge any profits made by the person from the alleged offence."
}