BILL WATCH 38/2015 [10th September 2015] Amendment of the Amended Labour Amendment Act A Much-Altered Provision The Labour Amendment Bill was rushed through Parliament in Clause 18 of the Bill, as passed by the Senate, read as follows: Transitional provision “18 Section 12 of this Act applies to every employee whose services were terminated on three months’ notice on or after the 17th July, 2015.” When the Bill was gazetted as Act No. 5 of 2015 on the 26th August, the same provision had somehow been altered to read as follows [the change is underlined]: Transitional provision “18 Section 12 of the Labour Act [Chapter 28:01] as amended by this Act applies to every employee whose services were terminated on three months’ notice on or after the 17th July, 2015.” Two days on 28th August, Parliament gazetted the Finance Bill, which includes a clause that will change section 18 of the Labour Amendment Act yet again, to make it read as follows: Transitional provision “18 The Labour Act [Chapter 28:01] as amended by this Act applies to every employee whose services were terminated on three months’ notice on or after the 17th July, 2015.”[i.e., the words 12 of” “Section at the beginning of the present section 18 are omitted] The changes which this chameleon-like provision has undergone and probably will undergo raise at least three questions: Was the alteration valid, since it was made to the Bill after it had been passed by Parliament? What is the effect of the amendment proposed by the Finance Bill? Why is the Finance Bill, which should deal with taxation and other financial matters, amending labour legislation? Other questions arise for example, why can’t the Government make up its – mind? but they will not be dealt with in this Bill Watch. – Validity of Changes to Bills After they have passed Through Parliament The wording of clause 18 of the Labour Amendment Bill, in the form it was passed by Parliament, was wrong. The clause purported to back-date 12 of this Act”, which technically meant clause 12 of the Bill rather “section than section 12 of the Labour Act. But no one seems to have been misled
BILL WATCH 38/2015 [10th September 2015] Amendment of the Amended Labour Amendment Act A Much-Altered Provision The Labour Amendment Bill was rushed through Parliament in Clause 18 of the Bill, as passed by the Senate, read as follows: “18 Transitional provision Section 12 of this Act applies to every employee whose services were terminated on three months’ notice on or after the 17th July, 2015.” When the Bill was gazetted as Act No. 5 of 2015 on the 26th August, the same provision had somehow been altered to read as follows [the change is underlined]: “18 Transitional provision Section 12 of the Labour Act [Chapter 28:01] as amended by this Act applies to every employee whose services were terminated on three months’ notice on or after the 17th July, 2015.” Two days on 28th August, Parliament gazetted the Finance Bill, which includes a clause that will change section 18 of the Labour Amendment Act yet again, to make it read as follows: “18 Transitional provision The Labour Act [Chapter 28:01] as amended by this Act applies to every employee whose services were terminated on three months’ notice on or after the 17th July, 2015.”[i.e., the words “Section 12 of” at the beginning of the present section 18 are omitted] The changes which this chameleon-like provision has undergone and probably will undergo raise at least three questions: Was the alteration valid, since it was made to the Bill after it had been passed by Parliament? What is the effect of the amendment proposed by the Finance Bill? Why is the Finance Bill, which should deal with taxation and other financial matters, amending labour legislation? Other questions arise – for example, why can’t the Government make up its mind? – but they will not be dealt with in this Bill Watch. Validity of Changes to Bills After they have passed Through Parliament The wording of clause 18 of the Labour Amendment Bill, in the form it was passed by Parliament, was wrong. The clause purported to back-date “section 12 of this Act”, which technically meant clause 12 of the Bill rather than section 12 of the Labour Act. But no one seems to have been misled
BILL%20WATCH%2038-2015%20-%20Amendment%20of%20the%20Amended%20Labour%20Amendment%20Act.docx