speech or other sound., data, text or images whether still or
momng, except where transmitted in private communications,”
and therefore submitted that under the law the Minister was required
to deal with content related matters and not otherwise. Further that
failure on the part of a public authority to act in accordance with the
procedural requirement of the law is a ground for the interference of the
court. This court was referred to the case of Council of Civil Service
Unions Versus Minister for the Civil Service [1985] AC 374 (HL)
where the terms procedural impropriety, was used to denote the
common-law grounds or heads of Judicial Review of administrative
action. In resume, it is argued for the applicants that the above
regulation deals with compliance, procedural and or regulatory issues
which, according to Mr. Mpoki, under section 103 (1) EPOCA are solely
vested to the 2nd respondent.
The other reason for seeking the nullification of the Regulations is
that the Regulations are in conflict with the parent Act reference being
made to the definition of the word content. To support the argument
that the Regulations are ultra vires, learned counsel cited the case of
General Officer Commanding -in-Chief versus Subbash Chandra
Yadav (1988) 2 SCC 351. Learned counsel was emphatic that the
definition of the word content in the Regulations differs materially and
substantially with the definition assigned by the parent Act. It was
concluded that since the definition under the Regulations is in conflict
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