SUMMARY

Constitutional litigation – Jurisdiction of the High Court exercising constitutional jurisdiction –Prayers in the notice of motion not substantiated in founding affidavit – Attempt to amplify case in arguments – Applicant failed to found constitutional jurisdiction– Court declining jurisdiction on the application- No order as to costs.

SUMMARY

Constitutional Law – motion of no confidence in the Government coupled with motion to vote by secret ballot - procedure for voting on the motions – whether the Speaker has discretionary power to depart from the procedure to vote by voice and to direct voting in secret – whether alleged intimidation and bribery of Members of Parliament by the Prime Minister constitute good reasons to vote by secret ballot - Constitution, sections 2, 20 (1), 75 (1), 81 (1), 85 (5)(a) and (8) and 119 (1); Parliamentary Powers and Privileges Act, 1994, sections 19g and 20;  Standing Orders Nos. 34, 45 (1), 46, 47, 48, 97(6) and 111.

SUMMARY

Constitutional law – delimitation of constituency boundaries – review of constituency boundaries – whether the review made within the prescribed period – whether elections should be held when constituency boundaries have not been reviewed and altered according to the provisions of the Constitution – Constitution, ss.67 and 84; National Assembly Electoral Act No.14 of 2011, sections 142 and 153; Interpretation Act No. 19 of 1977.

SUMMARY

Constitutional law – declaration of state of emergency and recall of dissolved Parliament to deal with it – whether citizens have locus standi to litigate on basis of rule of law review – whether failure by Parliament to pass bills before it is dissolved constitutes a public emergency – whether Parliament can be recalled to pass bills it failed to pass before its dissolution – Constitution sections 23, 70 and 84 (2); Interpretation (Amendment) Act, 1993 section 27A; Parliamentary Powers and Privileges Act, 1994 section 24; National Assembly Standing Order No.106; Senate Standing Order No.95

SUMMARY

Constitutional Law – Application for an order to declare as unlawful, null and void and of no force and effect the decision of the National Executive Committee (NEC) of Alliance of Democrats (AD) party to hold a constituency elective conference for fresh election of a nominee between the Applicant and 4th Respondent in Mt Moorosi No.67 Constituency to represent the AD in the forthcoming 2022 national elections – Held: Applicant’s nomination effected under the old Mt Moorosi Contituency before the enactment of the Delimitation Order April 2022 no longer enforceable – Mt Moorosi No.67 Constituency being a new constituency following demarcation of new boundaries which has combined the old Mt Moorosi constituency and parts of the abolished Sebapala No.66 Constituecny – Respondents’ decision to hold constituency election for the Mt Moorosi No. 67 Constituency afresh justifiable given the circumstances of the case and is in line with principle of democracy; fairness and natural justice - Application dismissed.

SUMMARY

Application for referral of a dispute of fact to be determined by viva voce evidence – procedure for such a referral – interlocutory application joining a new party – rules of Court to be followed.

                                                       SUMMARY

CONSTITUTIONAL LAW: Application to have section 98(4) of the Money Laundering and Proceeds of Crime Act no.40 of 2008 declared unconstitutional for violating section 12 of the Constitution, in that it permits the concurrent running of criminal and civil proceedings in respect of the same property seized in terms of it- she had argued that, given this scenario, it forces her to disclose her defence in civil proceedings thereby  forcing her to waive her right to self-incrimination with the consequence that her pending criminal trial is prejudiced- Held, this section does not force an applicant faced with forfeiture application to incriminate herself, what it rather does is to leave her with the choice between leaving forfeiture application go unchallenged and substantively responding to it, held that for this reason, this section is constitutional.

-The applicant had further sought to have a three-year delay to charge her with criminal offences following her suspension from work, violated her right to be tried within a reasonable time in terms of section 12 of the Constitution, Held, pre-charge delay in preferring charges not protected by the right to speedy trial a provided under section 12 of the Constitution, the reckoning of time within which a person must be tried starts after charges have been read  not before.

Summary

Constitutional rights - right to fair trial and right to equal protection of the law - applicant convicted and sentenced by Magistrate Court - challenged both conviction and sentence on review - failure by a Judge to render a reserved judgement until sentence served in full - its effect on fair trial rights and protection of the law - Judicial immunity  - whether the omission gives rise to a claim for damages under section 22 of the Constitution.

Summary

Diplomats based in South Africa - differently salaried from diplomats in other missions-challenge on the differentiation on constitutional grounds - whether approach appropriate where a complaint may adequately be addressed under Administrative Law

Exercise of jurisdiction of the High Court under Section 22 of the Constitution - principles guiding the excise of discretion under this provision restated - Court declines jurisdiction.

SUMMARY

Constitutional law – appointment of a principal secretary contrary to section 139(1) of the Constitution – whether such appointment valid. Whether appellant was appointed by the new Prime Minister.

Held: there was no valid appointment and appeal dismissed with costs.