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This article participates on the following special index pages:
NGO Bill - Index of Opinion and Analysis
Legal Committee adverse report on the NGO Bill
[H.B. 13, 2004]
November 09, 2004
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proposed amendments to the NGO Bill
Mr. Speaker Sir, the Parliamentary Legal Committee ("your committee.")
considered the constitutionality of the Non- Governmental Organisations
Bill, HB 13, 2004 ("The Bill") and regrets to report that in
the opinion of the committee, the provisions of clauses 2, 9, 10, 11,
15, 17, 20, 22, 23, 24, 29 and 32 are inconsistent with the Constitution
of Zimbabwe and therefore unconstitutional.
An adverse report means that in the opinion of the PLC these Bills have
clauses which contravene the Constitution. If Parliament votes to accept
the adverse report of its Legal Committee the offending clauses have to
go to the relevant Ministry for redrafting. But, Parliament does have
the power to vote to ignore these adverse reports and agree to proceed
to the second reading of the Bills.
Ignoring of adverse reports would normally mean that the offending clauses
of the Bill would be immediately challenged in the Supreme Court on the
grounds of constitutionality. There is the danger though that these cases
are now tending to be delayed for a long time, which could lead to the
Bill of Rights in the Constitution being eroded.
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