A

ANNOUNCEMENT
I wish to announce to Parliament that I have
received the Determination of the Supreme Court in
respect of the Bill entitled “Petroleum Products
(Special Provisions) (Amendment)” which was
challenged in the Supreme Court in terms of Article
121(1) of the Constitution.
On an overall consideration of the provisions of the
Bill, the Supreme Court has made the following
Determination:—
A. Clause 3(2) of the Bill is inconsistent with
Article 12(1) of the Constitution and may only
be passed by the special majority required
under the provisions of paragraph (2) of Article
84.
The inconsistency will cease if the composition
of the Committee is changed to include the
following:—
1. Secretary to the Ministry in charge of the
subject of Economic Policy Development.
2. Secretary to the Ministry in charge of the
subject of Investment Promotion.
 B. Clause 7 of the Bill is inconsistent with Articles
3 and 4 (c) of the Constitution and may be
passed only by the special majority required
under the provisions of paragraph (2) of Article
84 and approved by the People at a
Referendum by virtue of the provisions of
Article 83 of the Constitution.
C. The Bill as a whole is inconsistent with Article
12(1) of the Constitution.
This inconsistency will cease if the following
Clause is added to the Bill:—
“The Committee appointed by the Cabinet of
Ministers shall be deemed to be a Scheduled
Institution within the meaning of the Bribery
Act, and the provisions of that Act shall be
construed accordingly.”
I order that the Determination of the Supreme Court
be printed in the Official Report of today’s
proceedings of the House.