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Reports of Parliamentary Legal Committee on statutory instruments
9.(1) Before the Senate or the National Assembly considers a report of the Parliamentary
Legal Committee that a provision of a statutory instrument contravenes this Constitution or its
enabling Act, the Committee may withdraw the report if the Committee is satisfied that the
provision has been repealed or amended in such a way as to remove the contravention.
(2) If, after considering a report of the Parliamentary Legal Committee that a provision of a
statutory instrument contravenes this Constitution, the Senate or the National Assembly resolves
that the provision does contravene this Constitution, the Clerk of Parliament must report the
resolution to the authority which enacted the instrument, and that authority must, within twentyone days after being so notified, either—
(a) apply to the Constitutional Court for a declaration that the statutory instrument is in
accordance with this Constitution; or
(b) repeal the statutory instrument.
(3) Where an authority responsible for enacting a statutory instrument applies to the
Constitutional Court for a declaration in terms of subparagraph (2)(a), the statutory instrument is
suspended pending the Court’s decision.
(4) If, after considering a report of the Parliamentary Legal Committee that a provision of a
statutory instrument is ultra vires the enabling Act of Parliament, the Senate or the National
Assembly resolves that the provision is ultra vires—
(a) the provision thereupon ceases to have effect; and
(b) the Clerk of Parliament must publish a notice in the Gazette without delay, giving
public notice of the resolution and of its effect.
SIXTH SCHEDULE (Sections 18.12 and 18.15)
COMMENCEMENT OF THIS CONSTITUTION, TRANSITIONAL PROVISIONS AND SAVINGS
ARRANGEMENT OF PARAGRAPHS
PART 1
PRELIMINARY
Paragraph
1. Interpretation.
2. Effect of this Schedule.
PART 2
COMMENCEMENT OF THIS CONSTITUTION AND REPEAL OF FORMER CONSTITUTION
3. Commencement of this Constitution.
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