THE
National Assembly yesterday passed The Written Laws Miscellaneous Amendments
Act 2016 which, among others, endorses the Corruption and Economic Crimes
Division of the High Court whose penalties for grand corruption charges carries
a minimum of 20 years imprisonment.
Tabling
the Bill here, the Attorney General (AG), Mr George Masaju, said that the
minimum amount of money involved in grand corruption cases to be handled by the
division will be 1bn/-.
However,
the Director of Public Prosecution (DPP) can recommend other cases below that
amount as he deems fit. However, when the corruption and economic sabotage
cases does not include monetary terms, the division will also deal with issues
of drug, terrorism, money laundering, among others, due to their nature.
The
AG has proposed amendments of five Acts with the aim of improving delivery
which include The Appellate Jurisdiction Act, the Judicature and Application of
Law Act, The Economic and Organised Crime Control Act, The Magistrate Courts
Act and The Tax Revenue Appeals Act.
In
the Economic and Organised Crime Control Act, some of the changes made include
the use of the word ‘document’ which prior to this development, accommodated
only hard copy whereas now it can allow the ‘electronic document’ as well.
The
Chief Justice (CJ), for the smooth implementation of the Act, reforms have been
made which empower him to prepare rules and regulations for running the
division including committal proceedings and preliminary hearing, witnesses and
duties of the division registrar.
As
for the penalties, the Act calls for a minimum of 20 years and maximum of 30
years in prison as penal measures for corruption and economic sabotage convicts.
Currently,
it was a sentence not exceeding 15 years which gave room for a lenient sentence
to be given to convicted persons depending on judgment. “We have proposed a
tough sentence so that people can refrain from taking part in such offences,”
said the AG.
As
for the assets under investigation, the changes ban owners of firms to declare
bankruptcy until when the cases are over - a move which the Attorney General
said will give chance to the government to confiscate property when it wins a
case.
Moreover,
the court elders will not be hearing the grand corruption cases instead a judge
or a team of judges will decide on economic and organised crime cases.
Under
the new amendment, the Court of Appeal can review its own decision or order
while before the changes in the Appellate Jurisdiction Act could only do so
under the Court of Appeal rules of 2009 which at times created conflict of laws
in its applications.
Moreover,
the Corruption and Economic Crime Division Court will have its own judges who
will be specifically for the division as it is the case with other High Court
divisions.
The
aim is to allow smooth and quick hearing of the cases unlike before the changes
when the judges were the ones dealing with other criminal and civil cases.
The
Act also commended for changes in bail conditions where an accused person can
deposit land titles as bond which, in the past, needed cash deposits in
economic sabotage cases whose bail condition was more than 10m/-.
Moreover,
witness protection is guaranteed under the amendment whereas the Whistleblower
and Witness Protection Act rules will be applied in Corruption and Economic
Crimes contrary to the current law whereas the Inspector General of Police
(IGP) was tasked with protection of the witness and his/her family.
The
move, he said, will conceal the identity of the witness as well as give them
freedom in testifying before the court since the cases involve well off people
and organised criminals.
Thus
the government has the mandate to ensure the safety and security of witnesses
in such cases. In The Magistrate Court Act the changes are the primary court
can now be allowed to hear civil cases not exceeding 50m/- while the District
and Resident Magistrate Courts can sit before civil cases of between 200m/- and
300m/-. Before the amendment it was 5m/-, 200m/- and 150m/- respectively.
On
the amendment made on the Tax Revenue Appeals Act, the AG said the recommended
increase of board members from four to 12 to hasten hearing and decision on
revenue cases so that in case the government wins it can recover its revenue
the earliest. Other amendments made include setting academic qualifications for
the would-be board members who must be law or tax experts by profession.
The
board Chairman of the Tax Revenue Appeal must be a judge, retired judge or
anyone who has attained a higher judicial office.
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