Maseru, Aug.28 — The High Court sitting as a Constitutional Court, in its judgment in a case challenging reinstatement of 11th Amendment to the Constitution Bill of 2022 says the contention by the applicants that Standing Order 105B violates section 78 of the Constitution, is without any merit.
The applicants had argued that Standing Order No. 105B violates the provisions of Section 78 of the Constitution because it provides for resumption of the lapsed business of Parliament at the stage where it was when Parliament got dissolved thereby depriving the new Parliament of the right to originate the bill and denying the applicants an opportunity to be consulted on certain aspects of the Bill.
The Court stated that Section 78 of the Constitution provides for how legislation should be made. It said it provides for where bills should originate, and where they should end in order to be called “Acts of Parliament.” It indicated that the purview of this section is legislation- making and the processes to be followed in reaching that end. It pointed out that rule-making powers of the National Assembly flow from a different section, which is Section 81 of the Constitution.