Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
text presented to the PLC. This was contrary not only to the express provisions of
Standing Order 32 but also to the requirements of s 139(3) of the Constitution in terms of
which the procedures and processes of parliamentary committees, as provided for in
Standing Orders, must encourage the involvement of members of all political parties in
Parliament. In short, Parliament must hear the views of all members of the PLC. As this
did not happen in casu, the impugned Bill was not properly examined by the PLC.
The factual conspectus that appears from the documents filed of record is
as follows. According to the minutes of the PLC meeting held on 9 June 2016, all five
members of the PLC were in attendance to consider the original Bill (HB 1. 2016).
Several issues were raised in discussion, including the procedure for the removal from
office of mayors and councillors and the appointment of the envisaged independent
tribunals. The PLC then resolved to invite the third respondent (the Minister) and the
Attorney-General for discussion before it issued its certificate of approval.
The next meeting was scheduled to be held on 13 June 2016. This meeting
was duly attended by all five members of the PLC as well as the Minister, the Deputy
Attorney-General and other officials. The members of the PLC aired their views and
concerns surrounding the Bill. At the conclusion of the meeting, the PLC resolved that
various amendments be made to the Bill relating to the clauses discussed and be
circulated amongst the members of the PLC before the issuance of its certificate. The
date of the next meeting of the PLC was to be announced.
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