The petitioners in this case did not pose a question for the interpretation
of any Act of Parliament or law that contravenes any of the Articles of
the Constitution referred to in their pleadings; neither did they complain
about any provision within the Constitution whose interpretation they
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sought from this court. The words of the provisions said to have been
violated by the respondent are also clear and unambiguous, the
petitioners did not seek to have the meaning of any specific words given
meaning by this court. The complaints were all about contravention of
provisions through acts and omissions of the respondent which they
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alleged contravened clear provisions of the Constitution.
The rights that are alleged to have been violated are guaranteed by the
Constitution and there is no doubt about that. They therefore fall under
the categoiy for which declarations and remedies can be issued by other
competent courts or tribunals under Article 50 of the Constitution and
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they need not take up the valuable time of this court. The matter
therefore should have been lodged in another competent court or
tribunal.
But before I take leave of this matter, it is pertinent to address the
meaning of Article 43 (2) (c) of the Constitution, which was referred to
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inadvertently in the submissions of the petitioner and directly by
counsel for the respondent, within the context of freedom of speech and
expression, including freedom of the press and other media, which are
provided for in Article 29 (1) (a) of our Constitution.
Article 43 of the Constitution provides that:
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(1) In the enjoyment of the rights and freedoms prescribed in this
Chapter, no person shall prejudice the fundamental or other
human rights and freedoms of others or the public interest.
(2) Public interest under this article shall not permita) political persecution;
b) detention without trial;
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