CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
(a) a Bill originating in the House of Assembly shall be deemed to have been
introduced into the Senate on the sitting day next following the day on
which a copy of the Bill is transmitted to the Senate in accordance with paragraph 2(1);
(b) a Bill originating in the Senate shall be deemed to have been returned to the
Senate on the sitting day next following the day on which the Bill is returned
for the first time to the Senate in accordance with paragraph 2(6).
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Reports of Parliamentary Legal Committee on Bills
(1) The House of Assembly or the Senate, whichever is the House in which a Bill
originates, shall not proceed upon the Bill, other than a Money Bill6, a Constitutional
Bill or a Bill to which the proviso to paragraph 3(1) applies, after the introduction of
the Bill into the House of Assembly or the Senate, as the case may be, or give such Bill
its final reading after it has been amended in House of Assembly or the Senate, unless
a report of the Parliamentary Legal Committee on the Bill has been presented to the
House of Assembly or the Senate:
Provided that, if no report has been presented within the period specified in
Standing Orders or any extension thereof granted in accordance with Standing Orders, it shall be presumed that the Committee is of the opinion that no provisions of
the Bill would, if enacted, be in contravention of the Declaration of Rights or any
other provision of this Constitution, and the House of Assembly or the Senate, as the
case may be, may proceed upon the Bill or give the Bill its final reading, as the case
may be.
(2) It shall be the duty of the House of Assembly or the Senate, as the case may
be, to consider any report presented to it under section 40B(1) which states that, in
the opinion of the Parliamentary Legal Committee, a provision of a Bill would, if
enacted, be in contravention of the Declaration of Rights or any other provision of this
Constitution.
(3) If, after considering a report referred to in subparagraph (2), the House of Assembly or the Senate, as the case may be, resolves that a provision of the Bill would, if
enacted, be in contravention of the Declaration of Rights or any other provision of this
Constitution, the House of Assembly or the Senate shall not pass the Bill containing
that provision.
(4) If the House of Assembly or the Senate, acting under subparagraph (3), does
not pass a Bill or amends a Bill so that it would not, if enacted, be in contravention of
the Declaration of Rights or any other provision of this Constitution—
(a) the Speaker shall report to the President of the Senate accordingly; or
(b) the President of the Senate shall report to the Speaker accordingly;
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Consolidation
(sic). The reference to a Money Bill is mistaken and must be ignored; compare
the new section 40B(1)(a) of the Constitution in section 10 of this Act, in terms of
which the Parliamentary Legal Committee will examine Money Bills, just as it
does at present. .Section 40B(1)(a) as originally proposed in the Bill for this Act
did refer to Money Bills (and would have removed Money Bills from the jurisdiction of the Parliamentary Legal Committee), but the reference was deleted by a
Committee Stage amendment. There should have been a corresponding consequential deletion in the subparagraph to which this footnote relates.
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1st October, 2005
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