SIGNIFICANCE OF NON – OBSTANTE CLAUSE

Abstract

When the no-obstante clause refers to the provision of a statute, the intention of the legislature must be determined and the clause has to be construed accordingly, it is often used by way of abundant caution, but mainly used as a legislative device, in case of conflict to give the provision containing non obstante clause an overriding effect over any other provision. Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others^[1].

A Non-Obstante Clause is usually used in a provision to indicate that, that provision should prevail despite anything to the contrary in the provision mentioned in such Non Obstante Clause.

 

[1] 2010, 39 CLC (AD) [5505]