27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move:- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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27 Nov 2014 in National Assembly:
THAT, clause 20 of the Bill be amended by deleting subclause (3).
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27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, this is because it is inconsistent with Clauses 21 and 22. You cannot legislate for persons who wish to provide voluntary services. If you want to provide voluntary services, it should not be stated in the law. You are providing it willingly. Why should you state it in the law? Thank you.
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27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move:- THAT, the Bill be amended by deleting clause 21.
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27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, this clause does not make sense. For instance, in Subclause (1), it states that a person detained in prison, in execution of a lawful sentence, shall not be subjected to afflictive labour – meaning hard labour. We know that there are people who have been convicted, and the judges have prescribed hard labour for them. A law that seeks to negate what is contained in a court order is not a good law.
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27 Nov 2014 in National Assembly:
This clause is not telling the courts not to pass that sentence, but it is telling the prison authorities, who have been required by the courts to implement court orders by ensuring that such prisoners are subjected to hard labour, not to do their work. For instance, a rapist is always sentenced to hard labour. This Clause is saying that although the court may give such sentences, the prison authorities should not implement it because the law allows them to do so. This clause is, therefore, in conflict with court orders – which are always consistent with the law. Thank ...
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27 Nov 2014 in National Assembly:
Thank you, hon. Temporary Deputy Chairlady. It is good that the Vice-Chair has just walked in. I am using the corrected version of the report because I lost mine. The word “afflictive labour” does not amount to “forced labour”. A court is allowed to sentence someone with hard labour and not with forced labour. The reason why we are saying that this should be deleted, for clarity, is that when there is a lawful sentence, the law cannot take away what has already been provided in a court order. You then have problems in terms of implementing the law and ...
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27 Nov 2014 in National Assembly:
The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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27 Nov 2014 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move:- THAT, Clause 23 of the Bill be amended by deleting subclause (1) and replacing with a new subclause (1) as follows— “(1) Where a child is arrested, detained or deprived of liberty in execution of a lawful sentence, the competent authority shall within seven days notify a parent or guardian of the child of such arrest.”; When a child is arrested, we do not want the parents or the guardian to be informed within reasonable time; we want to provide what that reasonable time is. We are proposing that “reasonable time” be ...
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27 Nov 2014 in National Assembly:
Thank you, hon. Temporary Deputy Chairlady. I was listening to the consultations here. I agree with hon. Aden that if a person is not taken to court within 24 hours, it would be inconsistent with the Constitution. However, in this case, we are talking about persons who have been detained, imprisoned, possibly they have already been taken to court and they are in detention or are being held in custody. It is incumbent upon those authorities who are holding those children or that child to inform the guardians, the legal representatives or whoever has been taking care of that child ...
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