Munalula JC., dissenting:
[73] My dissent is only to the extent necessary to accommodate a finding
favourable to the Petitioner under the “catch all" relief number (4) which
reads: “Any other reliefs the Court may deem necessary". Accordingly, I
am in agreement with the Majority position on relief number (1), on the
impropriety of targeting of an individual and the absence of the
prescription required by Article 52(3). I am in full agreement with the
position in on reliefs (2) and (3).
[74] I elected to take solace in relief number (4) because of this Court’s
mandate under the Constitution as the grundnorm. This Court is the
primary arbiter and guardian of the Constitution. It must protect the spirit
as well as the letter of the Constitution.
[75] The Petitioner herein seeks the publication of the incumbent
President’s declaration of assets and liabilities filed with his nomination
papers during the August, 2021 presidential election. The gravamen of his
claim is that such publication is mandated by Article 52(3). For their part,
the Respondents, take refuge in the claim that there is no law that binds
them to publish the declaration of the assets and liabilities of a presidential
candidate.
[76] As I considered the parties’ arguments, I found it striking that the 2nd
Respondent's sentiments captured in paragraph [34] of the Judgment did
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