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"id": 973409,
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"text_counter": 366,
"type": "speech",
"speaker_name": "Sen. (Dr.) Zani",
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"id": 13119,
"legal_name": "Agnes Zani",
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"content": "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."
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"id": 973410,
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"type": "speech",
"speaker_name": "Sen. (Dr.) Zani",
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"legal_name": "Agnes Zani",
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"content": "Bill has conferred that responsibility to these three different institutions and commissions, where there are already Acts in place. It sort of borrows to have those specific Acts to be used. Those Acts already have specific punitive provisions. Therefore, this leaves only the State officer."
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"id": 973411,
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"speaker_name": "The Deputy Speaker",
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"content": "(Sen. (Prof.) Kindiki): I think that is important. Before we wind up because we are almost done, the comment I made about non-retroactivity of criminal law applies both to the crimes and the punishment. Even the punishment cannot be backdated. So, if you have to punish somebody for previous laws, you have to apply punishment which was in force at the time when the crime was committed. The lawyers will tell you that it is both crime and punishment;"
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"id": 973412,
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"text_counter": 369,
"type": "scene",
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"speaker": null,
"content": "nullum crimen sine lege, nulla poena sine lege;"
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"id": 973413,
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"type": "speech",
"speaker_name": "The Deputy Speaker",
"speaker_title": "",
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"content": "both crime and punishment. I think we have exhausted this."
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"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
"slug": "farhiya-ali-haji"
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"content": "Thank you, Sen. (Dr.) Zani. In the Bill itself, there are punitive measures for officers or any individual who misuses this. However, in Section 2 of this Act, it says that alleged offence means an offence under this Act, the Anti-Corruption and Economic Crimes Act, the Public Officers Ethics Act, the Leadership and Integrity Act, the Public Service, Values and Principle Act, the Bribery Act, The Proceeds of Crime and Anti-Money Laundering Act, The Public Finance Act and The Public Procurement and Assets Disposal Act applies in this in terms of those other punitive measures. For this one, because there is no procedure in terms of deferred prosecution in this Act, we are giving people opportunity to return money and assets belonging to the Government, then you go into an agreement. However, there are cases where that cannot happen."
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"id": 973415,
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"type": "speech",
"speaker_name": "The Deputy Speaker",
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"content": "(Sen. (Prof.) Kindiki): Belonging to the Government or the public?"
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"id": 973416,
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"text_counter": 373,
"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
"slug": "farhiya-ali-haji"
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"content": "The public."
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"id": 973417,
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"text_counter": 374,
"type": "speech",
"speaker_name": "The Deputy Speaker",
"speaker_title": "",
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"content": "(Sen. (Prof.) Kindiki): Government has no property. Government is a trustee of the public property. You have done very well, Sen. Farhiya."
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"id": 973418,
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"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
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"content": "I wanted to say that the people are the Government."
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