Case law
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Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…
…rights are based on the proceedings in Cr.…
Division and case type: CriminalMiscellaneous Criminal Application
…rights.…
…These are, whether the application is competently before us, and secondly, whether there was non-compliance with the law, leading to violation of the applicant’s fundamental rights.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Insofar as the time factor is concerned the Attorney-General is therefore free to prosecute provided he does not offend the fundamental rights conferred by section77(1) as protected by section84(1) of the Constitution.…
…The people will lose faith in the Constitution if it fails to give effective protection to their fundamental rights.…
Division and case type: CivilCivil Appeal
…Salmon, J.A. in his dissenting judgment in Cozens, expressed the view that only very clear words which did not exist in the English Limitation Act 1963, could take away a person’s fundamental rights, in the following way:…
…rights which are ordinarily accorded by the law and indeed by natural justice.”.…
Division and case type: CriminalCriminal Appeal
…What gives us cause for concern, however, is the length to which the judges were prepared to go to justify the illegal detention of the appellant in custody by the police for 17 days in flagrant violation of his fundamental…
…rights.…