Thahane & Others v Specified Offices Defined Contribution Pension Fund & Others (C of A (CIV) 4 of 2016) [2017] LSCA 10 (12 May 2017)

Thahane & Others v Specified Offices Defined Contribution Pension Fund & Others (C of A (CIV) 4 of 2016) [2017] LSCA 10 (12 May 2017)

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Judgment
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SUMMARY: Constitutional litigation – Collateral challenge to vindicate fundamental human rights and freedoms – Applicants claiming that they suffered pre – trial prejudices as a result of Public Accounts Committee summoning and questioning Director General of the Directorate on Corruption and Economic Offences and the Director of Public Prosecutions about their criminal case – Applicants alleging interference with prosecutorial powers and discrimination by the Director General who charged them to the exclusion of co – suspects contrary to the directive of the Director of Public Prosecutions – Director of Public Prosecutions does not account to PAC in discharging her constitutional mandate - The Directorate on Corruption and Economic Offences is not an agent of the Director of Public Prosecutions, but exercises its own prosecutorial powers – A claim for discrimination must be brought within the ambit of section 18 of the Constitution – Collateral changelle requires exceptional circumstances – Application dismissed.