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{
    "id": 976824,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/976824/?format=api",
    "text_counter": 258,
    "type": "speech",
    "speaker_name": "Sen. Farhiya",
    "speaker_title": "",
    "speaker": {
        "id": 13179,
        "legal_name": "Farhiya Ali Haji",
        "slug": "farhiya-ali-haji"
    },
    "content": "Madam Temporary Speaker, freezing of assets for people who are corrupt can take forever. However, this Bill creates a time frame for that process. The courts have been given three months to conduct lifestyle audit. This will reduce the level of anxiety for the persons whose assets have been frozen. There is also the issue of compensation. For example, if a person targets another because of political vendetta, this Bill provides a framework whereby the person is paid back whatever they lost. If it is determined that the other person had ill intentions, he or she is held responsible for the losses made. For example, if an officer working for the Ethics and Anti-Corruption Commission (EACC) targets a person arbitrarily and it is proven that the person is innocent, the officer will be held liable and might be chased away from office despite the financial losses that will be incurred in the process. Madam Temporary Speaker, citizens can be the basis for a lifestyle audit. However, if they complain that I am corrupt and I have accumulated a lot of money, the agencies need to do some fact finding before they undertake the lifestyle audit so as to corroborate the evidence brought by the people. Although this Bill makes the procedure for curbing corruption easy, it also puts a lot of stringent measures for people who take advantage of others. I also talked about the issue of conducting negotiations with the public prosecutor and ensuring that victims are compensated. This Bill provides for a procedure for deferred prosecution agreement and what will happen if a person breaches the agreement. In relation to that Clause 32 states that: “Where the High Court makes an order for termination of a deferred prosecution agreement under Section 29(1)(b) or 30(1)(b), a person shall not be entitled to— (a) recover any money that the person had paid, before the termination, pursuant to a requirement imposed by the deferred prosecution agreement; and (b) a relief for a detriment caused to the person by the person’s compliance with the terms of the deferred prosecution agreement before the termination. The courts can also validate and deferred prosecution can be done. The issue of discontinuance of proceedings on expiry of deferred prosecution agreement is also taken care of. Clause 35 (1) on miscelleneuos provision states that: “The High Court may defer the publication of information under this Part for such a time as it considers necessary, if it appears to the Court that the postponement is necessary to avoid substantial risk of prejudice to the administration of justice in— (a) legal proceedings; (b) an investigation under this Act; or (c) a criminal investigation under any other written law. Clause 35(2) states that: “In proceedings under this Part, the High Court may, in the interests of justice, public safety, public security or propriety or for any other sufficient reason, make an order requiring — The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}