Why this petition was brought under the above cited provisions?
The answer is at the preamble of the BRADEA which states the purpose
of the Act that, it is
"an act to provide for the procedures for enforcement o f
constitutional basic rights and duties and related matters"
Therefore, as the petitioner's claim is based on the violation or
infringement of Article 18 of the Constitution (URT) this is the right
forum for her to have an effective remedy she sought for.
This is
provided under article 30 (3) of the Constitution (URT) that,
" Any person alleging that any provision o f this part o f this
chapter or in any law concerning his rights or duty owed to him has
been, is being or is likely to be violated by any person within the URT
may bring a proceeding for redress in the High Court."
As alluded to above this petition has been preferred by originating
summons as per the requirement of section 4 of BRADEA, reads that,
"Where any person alleged that any provision o f article 12-29 has
been, is being or is likely to be contravened with him, he may,
"without prejudice" to any other action to the same matter that is
lawful available apply to the High Court for redress".
Basing on the above position, the petitioner "without being
prejudice" with any other action is rightly before this Constitutional
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