complain and the owner of the online page to defend himself and that if the dispute persists the matter is taken to the content committee for determination. Further that if the matter is not settled it can be taken to the Fair Competition Commission or a court of competent jurisdiction. In fine, learned state attorney argued that a balance has to be struck between the individual online service providers and the society at large and that the circumstances of the locality have to be taken into account, it was further argued that by placing executive functions into the judiciary the principle of separation of powers may be frustrated. Finally, that if the press including the online services is left uncontrolled, it will jeopardize the whole society. Reference was made to the mass killing (genocide) in Rwanda as reported in the case of Prosecutor versus Jean-Paul Akayesu, Case No. ICTR-96-4-T at page 64, 65 and 67. Learned state attorney concluded his submission by stating that there is no ambiguity or arbitrary use of the regulations which should not be read in isolation, rather in conjunction with the parent Act. With respect, I agree to the learned senior state attorney’s submission on this ground. First, the principle of irrationality is not applicable in this case because, apart from it not having been pleaded in the statement, no evidence in the affidavit was led to prove its existence. The cited cases of Civil Service Unions Versus Minister for the Civil Service and Associated Provincial Picture House versus 20

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