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Citation
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Judgment date
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| December 2019 |
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Parliament may prescribe constituency numbers by resolution, but elections in newly listed municipalities without constitutional vacancies were unlawful.
Constitutional law – Representation of the people – Parliamentary prescription of constituencies under Art.63(1) – Parliament may prescribe number by resolution under s.11 Electoral Commission Act – Demarcation function vested in Electoral Commission (Art.61(1)(c) and Art.63(2)) – Creation/approval of local government units under Art.179 distinct from demarcation – Article 63(6) mandatory: boundary alterations take effect only upon next dissolution of Parliament – Elections held without constitutional vacancy are unlawful and void.
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27 December 2019 |
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12 December 2019 |
| November 2019 |
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5 November 2019 |
| October 2019 |
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15 October 2019 |
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4 October 2019 |
| July 2019 |
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Whether a statutory 30% pre‑payment before tax objection unlawfully impedes the constitutional right to a fair hearing and access to court.
* Constitutional law – access to justice and fair hearing – whether statutory pre‑payment (30%) before lodging tax objection denies right to a fair hearing (Article 44). * Tax law – appeals and objections – scope of section 15 of the Tax Appeals Tribunal Act: quantum disputes vs liability/exemption disputes. * Precedent – effect of Supreme Court decision on materially identical VAT provision; distinguishing facts and per incuriam considerations.
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24 July 2019 |
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Committal proceedings and s.1 Trial on Indictments do not violate the applicant's fair-trial, information, legal-aid or bail rights.
Constitutional law — criminal procedure — Trial on Indictments Act s.1 — committal proceedings — High Court unlimited original jurisdiction — procedural law permissible; fair trial rights (Article 28) — information of charge and pretrial disclosure — right to state-funded counsel accrues on charge (Article 28(3)(e)); right to apply for bail preserved (Article 23(6)(a)).
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8 July 2019 |
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Pension exemption does not extend to contractual gratuity; gratuity taxable under the Income Tax Act.
Constitutional law – taxation – Whether constitutional pension exemption covers contractual gratuity; statutory interpretation of "pension" vs "gratuity"; scope of Pensions Act and pensionable office; income tax treatment of terminal benefits.
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8 July 2019 |
| June 2019 |
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26 June 2019 |
| May 2019 |
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30 May 2019 |
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28 May 2019 |
| April 2019 |
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18 April 2019 |
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17 April 2019 |
| February 2019 |
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8 February 2019 |