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(d)
protect employees from victimisation and unfair dismissal or treatment.
Right to administrative justice
33.
(1)
A person appearing before any administrative authority has a right to be heard and to
be treated justly and fairly in accordance with the requirements imposed by law including the
requirements of fundamental justice or fairness and has a right to apply to a court of law in
respect of any decision taken against that person with which that person is aggrieved.
(2)
A person appearing before any administrative authority has a right to be given
reasons in writing for the decision of that authority.
Property rights of spouses
34.
(1)
A surviving spouse is entitled to a reasonable provision out of the estate of the other
spouse whether the other spouse died having made a valid will or not and whether the
spouses were married by civil or customary rites.
(2)
Parliament shall, as soon as practicable after the commencement of this Constitution,
enact legislation regulating the property rights of spouses including common-law husband and
wife.
Enforcement of protective provisions
35.
(1)
Where a person alleges that any of the foregoing provisions of this Chapter has been,
is being, or is likely to be, contravened in relation to that person or a group of which that
person is a member (or, in the case of a person who is detained, where any other person
alleges such a contravention in relation to the detained person) then, without prejudice to any
other action with respect to the same matter which is
lawfully available, that person (or that other person) may apply to the High Court for redress.
(2)
The High Court shall have original jurisdiction –
(a)
to hear and determine any application made in pursuance of subsection (1);
(b)
to determine any question which is referred to it in pursuance of subsection
(3);
and may make such orders, issue such writs and make such directions as it may consider
appropriate for the purpose of enforcing or securing the enforcement of any of the provisions
of this Chapter.
(3)
If in any proceedings in any court subordinate to the High Court any question arises
as to the contravention of any of the provisions of this Chapter, the person presiding in that
court may, and shall where a party to the proceedings so requests, stay the proceedings and
refer the question to the High Court unless, in the judgement of that person, which shall be
final, the raising of the question is merely frivolous or vexatious.
(4)
Where any question is referred to the High Court in pursuance of subsection (3) the
High Court shall give its decision upon the question and the court in which the question arose
shall dispose of the case in accordance with that decision or, if that decision is the subject of
an appeal to the Supreme Court, in accordance with the decision of the Supreme Court.
(5)
An appeal shall not lie, without the leave of the Supreme Court, from any
determination by the High Court that an application made in pursuance of subsection (1) is
merely frivolous or vexatious.
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