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Monday, May 28, 2012

Section 211 of the Constitution

Folks,

 

In the David Banda and Chifundo James cases,  the HC and the MSCA quoted section

(1) Any international agreement entered into after the commencement of this Constitution shall form part of the law of the Republic if so provided by or under an Act of Parliament.

 

(2) Binding international agreements entered into before the commencement of this Constitution shall continue to bind the Republic unless otherwise provided by an Act of Parliament.

 

(3) Customary international law, unless inconsistent with this Constitution or an Act of Parliament, shall form part of the law of the Republic.

 

The version of the Constitution that I have subsections 1 and 2 read:

 

     1. Any international agreement ratified by an Act of Parliament shall form part of the law of the Republic if so provided for in the Act of Parliament ratifying the agreement."
      2. International agreements entered into before the commencement of this Constitution and binding on the Republic shall form part of the law of the Republic, unless Parliament subsequently provides otherwise or the agreement otherwise lapses.
 
Which is the correct version?
 

 

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