FICA Amendment Bill referred back to National Assembly

© Brad Calkins – 123RF.com

“I have given consideration to the bill in its entirety and certain submissions regarding the constitutionality of the bill. After consideration of the bill and having applied my mind to it, I am of the view that certain provisions of the bill do not pass constitutional muster.

“In terms of section 79 (1) of the Constitution, I have therefore referred the bill to the National Assembly for reconsideration for the reasons set out to the Speaker of the National Assembly,” the President said.

The President specifically raised concern with the provisions of the bill relating to warrantless searches, which according to him, fall short of the constitutional standard required for the provision not to unjustifiably limit the right to privacy.

The President said he was of the view that even though the purpose to be served by the bill was very important and pressing, all the provisions of the bill, however, must be in line with the Constitution.