SC determination on two bills to parliament

SC determination on Anti-Corruption & Provincial Council Elections Bills

by Staff Writer 06-06-2023 | 4:09 PM

The Speaker informed the house that he received the Determination of the Supreme Court in respect of the Bill titled “ANTI–CORRUPTION” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.

The determination of the Supreme Court as to the constitutionality of the Bill titled “ANTI–CORRUPTION” is as follows:—

Clauses 1, 2(1)(f), 2(2), 3(2), 4(1)(a), 4(1)(b), 4(3), 17(1), 21, 31(2), 163(2)(h), 40, 48(3), 49(1)(f), 50(1)(a), 53(1), 62(1), 65, 67(5), 71(6) & (?, 80, 93, 99, 101, 112, 149 and 162 of the Bill are inconsistent with the Constitution.

However, these inconsistencies will cease if the amendments as set out in the Determination of the Supreme Court are made to the Bill.

In addition to the said amendments, the Supreme Court has held that the learned Additional Solicitor General has informed the Court that amendments to Clauses 8(3), 136, 141, 142, and 156 of the Bill as set out in thE Determination will be made to address several concerns raised by the Petitioners.

In addition, the Speaker informed that he received the determination of the Supreme Court in respect of the Bill titled “Provincial Councils Elections (Amendment)” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.

Subject to the proposed amendment to Clause 3 and deletion of Clause 4 of the Bill, the Supreme Court has determined that the Bill or any of its provisions is not inconsistent with the Constitution