12 Nov 2015 in National Assembly:
THAT, Clause 28 of the Bill be amended in subclause (1) by deleting the words “There shall be” and substituting therefor the words “The Registrar shall maintain”. This is to assign the role of maintaining the records of the court to the Registrar.
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 29 of the Bill be amended in subclause (1) by— (a) deleting the words “Chief Justice and the Chief Registrar” appearing immediately after the words “consultation with the” and substituting therefor the words “Commission”; (b) deleting sub-clause (2). This is to require that the Principal Judge implements a performance management system in consultation with the Judicial Service Commission so that he does not develop his own performance indicator. It must be in consultation with JSC.
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12 Nov 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. The reason why we are seeking to delete Clause 29(2) is to make provisions for the Chief Justice to prescribe a code of conduct in which we will be moving an amendment at a later time. That will make it very clear. This will be superfluous. Once the Chief Justice develops a code of conduct, what is contained in Clause 29 (2) will be in that code of conduct.
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, Clause 29(2) gives the Chief Justice authority to conduct audits, inspections, investigations and organisational changes of the Judiciary as may be necessary. That is not the work of the Chief Justice. That is the work of the JSC. The Chief Justice himself does not perform that function. He does it together with other Commissioners in JSC. The power that he is being given in that clause contradicts the power that has already been given to the JSC under the JSC Act.
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 33 of the Bill be amended in sub-clause (1) by deleting the word “person” appearing immediately after the words “or other” and substituting therefor the words “judicial officer”. This is to clarify that the person who is being afforded protection in this clause is no one else except a judge. It is not only judges who are in courts, but clerks are there also. Clerks are not accorded protection from personal liability; only judges are clear. So, we have made it clear that it only refers to a judicial officer.
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move: - THAT, Clause 35 of the Bill be amended in subclause (1) by deleting the words “under the Civil Procedure Act or the Criminal Procedure Code” appearing immediately after the word “prescribed” and substituting therefor the words “by written law”.
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12 Nov 2015 in National Assembly:
This is to require courts to deliver judgments in a manner prescribed under any Act of Parliament as the circumstances may require. We are seeking to delete “under the Civil Procedure Act or the Criminal Procedure Code”. We are aware that the other legislation---
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, we are moving fairly nicely in terms of usage of time and being effective and efficient. Upon further consultation with Hon. Kaluma, who is a Member of our Committee, I have agreed to drop my amendment. I, therefore, withdraw my amendment.
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting Clause 39.
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12 Nov 2015 in National Assembly:
We are seeking to restrict the practice of advocates as provided under the Advocates Act, Cap. 16. Advocates can practise in any court of law. That, in itself, is seeking to regulate the practice of advocates using this law.
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