Judgment No. CCZ 10/2018
Const. Application No. CCZ 80/2016
Parliamentary Legal Committee on the initial text of the Bill. The new text is the
basis upon which the Parliamentary Legal Committee issued a Non Adverse
Report on the Bill.”
What emerges reasonably clearly from the foregoing is that what was
presented to the National Assembly on 28 June 2016 was a consolidated and amended
text of the original version of the Bill. Contrary to the submissions of the applicants, there
was no new second Bill involved in this process. It follows that there was no need for
Parliament to gazette the amended text of the Bill fourteen days before it was presented,
as would have been required by Standing Order 134 had it involved the introduction of an
entirely new Bill. The first ground of challenge to the passage of the Bill must
accordingly fail.
Whether Bill Duly Considered by Parliamentary Legal Committee
As I have already stated, s 152(3)(a) of the Constitution requires the PLC
to examine every Bill before it receives its final vote in the Senate or the National
Assembly. The PLC must then report to Parliament whether it considers that any
provision in the Bill contravenes or, if enacted, would contravene any provision of the
Constitution. In terms of Standing Order 32, any report of the PLC must be based on the
“collective knowledge” of all of its members.
It is argued for the applicants that the non-adverse report on the Bill was
furnished by only three members of the PLC at its final meeting to consider the Bill. All
five members of the PLC were not consulted to submit their opinions on the consolidated
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