preservation and enforcement of the rights, freedoms and duties in accordance with this Constitution. (5) Where in any proceedings it is alleged that any law enacted or any action taken by the Government or any other authority abrogates or abridges any of the basic rights, freedoms and duties set out in Articles 12 to 29 of this Constitution, and the High Court is satisfied that the law or action concerned, to the extent that it conflicts with this Constitution, is void, or is inconsistent with this Constitution, then the High Court, if it deems fit, or if the circumstances or public interest so requires, instead of declaring that such law or action is void, shall have power to decide to afford the Government or other authority concerned an opportunity to rectify the defect found in the law or action concerned within such a period and in such manner as the High Court shall determine, and such law or action shall be deemed to be valid until such time the defect is rectified or the period determined by the High Court lapses, whichever is the earlier. Extraordinary Powers of the State Authority Derogation from rights and freedoms Act No.15 of 1984 Art.6 31.-(1) Apart from the provisions of Article 30(2), any law enacted by Parliament shall not be void for the reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to engage in activities which endanger or prejudice the security of the nation, which measures derogate from the provisions of Articles 14 and 15 of this Constitution. (2) It is hereby prohibited to take any of the measures referred to in subarticle (1) of this Article in pursuance of any law during a state of emergency or in normal times in relation to any person, save only to the extent that they are necessary and justifiable for dealing with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the person concerned. (3) It is hereby declared that the provisions of this Article shall not authorize the deprivation of a person’s right to live save only for deaths resulting from acts of war. (4) In this Article and the following Articles of this Part, “state of emergency” means any period during which the Proclamation of State of Emergency made by the President in the exercise of the powers conferred on him by Article 32, is in force. Power to proclaim state of emergency Act No.15 of 1984 Art.6; Act No.4 of 1992 Art.11 32.-(1) Subject to this Constitution or to any law enacted by Parliament in that behalf, the President may proclaim a state of emergency in the United Republic or in any part thereof. (2) The President may proclaim a state of emergency only if ­ (a) the United Republic is at war; (b) there is a real danger that the United Republic is about to be invaded and to be in a state of war; (c) there is actual situation of breakdown of public order or non­ existence of public security in the Untied Republic or in any part 23

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