Analysis - Whether Petition is out of Time
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It is pertinent at this stage to refer to the relevant Constitutional Court (Application,
Contravention, Enforcement or Interpretation of the Constitution) Rules (the Rules) relied
upon by the parties:
"4. (1) Where the petition under rule 3 alleges a contravention or a likely
contravention of a provision of the Constitution, the petition shall be filed in the
Registry of the Supreme Court-
(a) in a case of an alleged contravention, within 3 months of the
contravention,'
(b) in a case where the likely contravention is the result of an act or
omission, within 3 months of the act or omission;
(c) in a case where the likely contravention arises in consequence of any
law, within 3 months of the enactment of such law.
(2) Where a petition under rule 3 relates to the application enforcement or
interpretation of anyprovisions of the Constitution, thepetition shall befiled in the
Registry of the Supreme Court within 3 months of the occurrence of the event that
requires such application, enforcement or interpretation.
(3) Notwithstanding sub rules (1) and (2), a petition under rule 3 may, with the
leave of the Constitutional Court, befiled out of time.
(4) The Constitutional Court may,for sufficient reason, extend the timefor filing a
petition under rule 3.
6. (1) Where a petition which has beenpresented fails to comply to with the Rules,
the Registrar of the Supreme Court shall submit the petition for an order of the
Constitutional Court.
(2) The Constitutional Court shall hear thepetitioner before making an order under
sub rule (1).
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