The 19A: Defeating The Saboteurs

By Fly On The Wall –May 2, 2015

Introducing the 19A Bill 

The 19A Bill was gazetted in March, after having obtained the approval of Cabinet. The Gazetted version did not go as far as the previous changes envisaged, due to disagreement from some quarters. Subsequently, post-gazetting, Cabinet agreed to the inclusion of the further clauses.

The usual way of doing this, would have been to include those clauses as Committee Stage Amendments.

However, in an unprecedented move – and a move in keeping with the Government’s promise of democratic processes and good governance the Attorney General brought these envisaged Amendments to the Notice of the Supreme Court, and provided copies to the judges and all lawyers appearing in the 19th Amendment case (before the hearing started), so that the opinion of the Supreme Court would be obtained on those clauses as well.

The PM had also, on the very day the Bill was placed on the Order Paper, indicated to Parliament that changes were envisaged and would be proposed at Committee Stage.

Lawyers made submissions on the Bill and the envisaged amendments, in order that the Supreme Court would also be able to determine whether a referendum was required for the inclusion of those amendments as well. The judges posed numerous questions to counsel based on the gazetted Bill as well as the envisaged amendments.

The SC Determination and Subsequent Amendments                     Read More