Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
they particularised the precise manner in which their views were disregarded in the
formulation of the final version of the Bill that was presented to Parliament. These
deficiencies are compounded by the abandonment, at the hearing of this matter, of their
alternative argument that the provisions introduced by Act No. 8 of 2016 are inconsistent
with s 278(2) of the Constitution. In effect, they have conceded that their concerns
regarding the amended version of the Bill are no longer an issue for contestation before
this Court.
In the event, I am satisfied that the PLC did take into account the
collective objections of all five of its members. It follows that the non-adverse report on
the Bill submitted to Parliament was prepared on the basis of the collective knowledge of
all the members of the PLC in accordance with the requirements of Standing Order 32.
This is so notwithstanding that the final meeting of the PLC was attended by only three of
its members. By virtue of s 344(2) of the Constitution, those three members, being more
than half of the total membership of the PLC, clearly constituted the requisite quorum for
the purpose of conducting its proceedings.
Whether Public Hearings Properly Conducted
As already stated above, the applicants aver that the constitutional
requirement of public access to and public hearings in the passage of the impugned Bill
was not complied with in respect of Harare Province. They further aver that there was a
petition from concerned Harare residents alleging violent intimidation at the public
hearings and requesting that they be allowed to properly air their views on the Bill.
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