STATUTES REQUIRING CONSTITUTIONAL ALIGNMENT __________________________________________________________________________________ The Act should be repealed and regulations made under it should be re-enacted as Acts of Parliament. 26. Gazetted Land (Consequential Provisions) Act [Chapter 20:28]* This Act makes it a criminal offence for people (farmers and their agricultural labourers) whose agricultural land has been seized by the State to continue occupying the land after it has been gazetted for resettlement. For those who were living on the land, this amounts to eviction from their homes. The Act does not provide for a court order to be obtained as required by section 74 of the Constitution, and to that extent is unconstitutional. 27. Geneva Conventions Act [Chapter 11:06] Section 3 of the Act states that anyone who commits a grave breach of a Geneva Convention is guilty of an offence and, if the offence amounts to wilful killing, liable to be sentenced to death. Under section 48 of the Constitution the death sentence is reserved for men guilty of murder committed in aggravating circumstances, and breaching a Geneva Convention even gravely is not such a murder (And of course if women commit such a breach they cannot be sentenced to death). The provision is unconstitutional and should be amended to provide for life imprisonment as the only penalty. If the death penalty is sought for an offender, he should be charged with murder. 28. Genocide Act [Chapter 9:20] Section 4 of this Act states that anyone who commits genocide involving the killing of a person is liable “to the same penalty that may be imposed by law for murder”. Genocide covers a variety of conduct, and culpable homicide could amount to genocide. As noted under the Geneva Conventions Act, section 48 of the Constitution reserves the death penalty for men who commit murder in aggravating circumstances. This is not the same as genocide, which may be committed by women. Section 4 of the Act should be amended to make it clear that the death penalty cannot be imposed for genocide. If the prosecution seeks the death penalty for a man who has committed genocide, it should charge him with murder. 29. Guardianship of Minors Act [Chapter 5:08] The Act needs to be revised so that, as required by section 80(2) of the Constitution, it confers equal rights on mothers and fathers — at present it assumes that fathers are the guardians of children (section 3) and favours mothers in regard to the custody of children. There should also be a provision in the Act stating that the best interests of children are the paramount consideration in all matters relating to custody and guardianship. 30. Housing Standards Control Act [Chapter 29:08] The Act permits housing courts (magistrates courts), on the application of local authorities, to order the demolition of houses and the abatement of overcrowding in houses. There is no requirement that local authorities must find alternative accommodation for people whose homes are to be demolished or who are to be evicted from overcrowded buildings. This is inconsistent with section 28 of the Constitution, which enjoins government at every level to ensure that everyone has access to adequate shelter. 10