Skip to document content Skip to main menu Skip to search

Constitutional Division - 2022 December

2 judgments
Advanced search

Court registries

  • Constitutional Division
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
December 2022
Tlokotsi v Director of Public Prosecutions (Const. No. 14/2019) [2022] LSHC 169 (15 December 2022)
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.
15 December 2022
Independent Electoral Commission v Speaker of the National Assembly (Const. No. 0022/2022) [2022] LSHC 164 (1 December 2022)
SUMMARY Constitutional provisions for decision of questions as to membership of parliament- Procedure to be followed where allocation of proportional representation seats is in issue – Discussion on section 69 of the Constitution and its reference in the Electoral Act.
1 December 2022