Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
In Biti & Anor v Minister of Justice, Legal and Parliamentary Affairs &
Anor SC 10/2002, at P. 13, Ebrahim JA underscored the point that a Bill must be
introduced and dealt with in terms of the Constitution and that the procedures relating to
the introduction or reintroduction of Bills must follow the procedures stipulated in
Standing Orders. The learned judge further emphasised, at p. 18, that:
“…. this Court has not only the power, but also the duty, to determine whether or
not legislation has been enacted as required by the Constitution. Parliament can
only do what is authorised by law and specifically by the Constitution.”
It is common cause, as the record shows, that there were two versions of
the Local Government Laws Amendment Bill, i.e. HB 1. 2016 and HB 1A. 2016.
However, the record also shows that there were two notices of amendments to the
original draft of the Bill, the first relating to clause 2 of the Bill as put forward by the
PLC, and the second pertaining to clause 3 of the Bill as proposed by the third respondent
(the Minister). Thereafter, as is reflected in the minutes of the PLC meeting held on 23
June 2016, the business of the day before the PLC was to consider HB 1. 2016 and its
notice of amendments. According to the minutes:
“Counsel to Parliament advised the Committee that a new text of the Bill was to
be brought before the House on Tuesday the 28th of June and that the new text
would be a consolidation of the Bill and the Notice of Amendments.”
This position was subsequently confirmed in the National Assembly on
28 June 2016 by the Minister who presented a motion to replace the original text. As
recorded in Hansard, the Minister moved that:
“the present text of the Local Government Laws Amendment Bill (HB 1. 2016)
which is currently at Second Reading Stage be replaced with a new text. The new
text has incorporated the amendments which address the issues raised by the
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