Adverse Report of Parliamentary Legal Committee on Statutory Instruments 253, 255 and 271 of 2018

In pursuit of its constitutional mandate as provided in section 152(4) of the Constitution of Zimbabwe, the Parliamentary Legal Committee (herein referred to as “the Committee) considered Statutory Instruments gazetted in November and December 2018.  After deliberations the Committee unanimously (4:0) resolved that an adverse report be issued in respect of Statutory Instruments 253, 255 and 271 of 2018 due to the following reasons:

  1. the Committee had written the Minister with regard to Statutory Instruments 253 and 255 and received no response;
  2. these Statutory Instruments are ultra vires the enabling Act, the Civil Aviation Act , section 79(5), which reads as follows; “Regulations made under this section may prescribe penalties for contraventions thereof, but no such penalty shall exceed a fine of level five or imprisonment for a period of six months or both such fine and such imprisonment”. 

 

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