CONSTITUTION OF ZIMBABWE as amended at 14th September,2005
[Paragraph as inserted by section 3 of Act 4 of 1985 - Amendment No. 5
and as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
[Subsection as amended by and section 15 of Act 14 of 1996 - Amendment No. 14]
40A
Parliamentary Legal Committee
(1) As soon as practicable the Committee on Standing Rules and Orders shall appoint a committee to be known as the Parliamentary Legal Committee.
(2) The Parliamentary Legal Committee shall consist of such number of members
of Parliament, other than members of the Cabinet or Ministers, being not less than
three, as the Committee on Standing Rules and Orders may from time to time determine, the majority of whom shall be legally qualified as provided in subsection (3).
[Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
(3) A person shall be legally qualified for the purposes of subsection (2) if he—
(a) has been a judge of the Supreme Court or the High Court; or
(b) is and has been for not less than five years, whether continuously or not,
qualified to practise as a legal practitioner in Zimbabwe; or
(c) has been a magistrate in Zimbabwe for not less than five years; or
(d) possesses such legal qualifications and has such legal experience as the
Committee on Standing Rules and Orders considers suitable and adequate
for his appointment to the Parliamentary Legal Committee.
(4) In computing, for the purposes of subsection (3)(b), the period during which
any person has been qualified to practise as a legal practitioner, any period during
which he was qualified to practise as an advocate or attorney in Zimbabwe shall be
included.
[Section as inserted by section 8 of Act 31 of 1989 - Amendment No. 9]
40B
Functions of Parliamentary Legal Committee
(1) The Parliamentary Legal Committee shall examine—
(a) every Bill, other than a Constitutional Bill, which has been introduced into
Parliament; and
(b) every Bill, other than a Constitutional Bill, which is amended after its examination by the Committee, before the Bill is given its final reading in Parliament; and
(c) every draft Bill transmitted by a Minister to the Clerk of Parliament for
reference to the Committee; and
(d) every statutory instrument published in the Gazette; and
(e) every draft statutory instrument transmitted by the authority empowered
to make it to the Clerk of Parliament for reference to the Committee;
and shall report to Parliament or the Minister or authority, as the case may be,
whether in its opinion any provision of the Bill, draft Bill, statutory instrument or draft
statutory instrument would, if enacted, be or, as the case may be, is in contravention
of the Declaration of Rights or any other provision of the Constitution.
[Paragraphs (c) and (e) as amended by section 15 of Act 14 of 1996 - Amendment No. 14]
Reissue
47
14th September, 2005
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