constituteproject.org PDF generated: 26 Sep 2013, 21:49 (4) Subject to subparagraphs (5) and (6), if the Parliamentary Legal Committee reports that a provision of a Bill, if enacted, would contravene this Constitution, the House concerned must consider the report and, if the House resolves that the provision concerned would contravene this Constitution, the House must not pass the Bill containing that provision. (5) When a House considers a report of the Parliamentary Legal Committee referred to in subparagraph (4) regarding a Bill that was introduced by a Vice-President, Minister or Deputy Minister, the person who introduced the Bill must be given a reasonable opportunity to respond to the report. (6) If a House resolves in accordance with subparagraph (4) that a provision of a Bill, if enacted, would contravene this Constitution, a Vice-President or Minister may apply to the Constitutional Court within fourteen days after the resolution was passed for a declaration that the provision, if enacted, would be in accordance with this Constitution, and if the Constitutional Court makes such a declaration the House concerned may proceed to consider and pass the Bill containing that provision. 9 Reports of Parliamentary Legal Committee on statutory instruments (1) Before the Senate or the National Assembly considers a report of the Parliamentary Legal Committee that a provision of a statutory instrument contravenes this Constitution or its enabling Act, the Committee may withdraw the report if the Committee is satisfied that the provision has been repealed or amended in such a way as to remove the contravention. (2) If, after considering a report of the Parliamentary Legal Committee that a provision of a statutory instrument contravenes this Constitution, the Senate or the National Assembly resolves that the provision does contravene this Constitution, the Clerk of Parliament must report the resolution to the authority which enacted the instrument, and that authority must, within twentyone days after being so notified, either-(a) apply to the Constitutional Court for a declaration that the statutory instrument is in accordance with this Constitution; or (b) repeal the statutory instrument. (3) Where an authority responsible for enacting a statutory instrument applies to the Constitutional Court for a declaration in terms of subparagraph (2)(a), the statutory instrument is suspended pending the Court's decision. (4) If, after considering a report of the Parliamentary Legal Committee that a provision of a statutory instrument is ultra vires the enabling Act of Parliament, the Senate or the National Assembly resolves that the provision is ultra vires-(a) the provision thereupon ceases to have effect; and (b) the Clerk of Parliament must publish a notice in the Gazette without delay, giving public notice of the resolution and of its effect. Zimbabwe 2013 Page 159