Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
Thereafter, a further meeting was convened on 23 June 2016. Three
members were present, being the ZANU-PF contingent, while the applicants were
recorded as having tendered their apologies. The meeting considered the Bill together
with the notice of amendments that I have earlier alluded to. The PLC then resolved that:
“the Minister had responded adequately to their concerns as raised in the previous
meeting and that a non-adverse certificate would be issued accordingly”.
As appears in the Hansard of 28 June 2016, the first applicant protested
that the last PLC meeting “was nicodemously held” and should be deemed a nullity. He
explained that all five members of the PLC were part of a WhatsApp group and that
notice of the PLC meeting was communicated by Counsel to Parliament through that
medium. He further explained that both he and the second applicant had previously
indicated that they would not be available during the period in question. Thereafter, the
second applicant also voiced her concerns that the PLC had not made any “pre-emptive
commitment to issue a Non Adverse Report”.
There can be no doubt that the protestations of the applicants in Parliament
are at variance with the minutes of the three PLC meetings that I have referred to. It is
evident that they were given notice of the final meeting, albeit through their WhatsApp
group. However, the specific reason for their non-attendance at the meeting is not entirely
clear. More importantly, the minutes of the three PLC meetings in question indicate that
the views and concerns of all five members of the PLC were duly ventilated and that the
Bill was consequently amended to take those views and concerns into account. The
applicants have not challenged the authenticity or accuracy of those minutes nor have
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