Supreme Court rules key provisions of Electricity Amendment Bill unconstitutional

Addressing Parliament, Dr. Salih announced that the Court’s ruling requires the contested provisions to be passed by a special two-thirds majority in Parliament and further subjected to approval via a national referendum, should they be enacted in their current form.

“The Supreme Court has found that specific sections of the Electricity Amendment Bill are in conflict with the provisions of the Constitution,” Dr. Salih said. “As such, these sections cannot become law unless they undergo both legislative and public scrutiny of the highest order.”

The Electricity Amendment Bill, which aims to reform the regulatory and operational framework of the national power sector, has stirred significant public and political debate since its introduction. Critics have warned that the Bill could potentially open avenues for the privatization of critical infrastructure and reduce oversight in energy governance.

While the exact clauses flagged by the Court have not been publicly detailed, constitutional experts suggest that the issues likely pertain to matters affecting public ownership and national sovereignty over natural resources  areas protected under entrenched provisions of the Constitution.

Legal analysts say the requirement for both a two-thirds majority and a referendum sets a high threshold for the Bill’s passage, reflecting the gravity of its constitutional implications.

The government is now expected to revisit the proposed legislation, with options including amending the contentious provisions or initiating the process for a national referendum a rare and complex undertaking in the country’s legislative history.