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Citation
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Judgment date
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| April 2021 |
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Six‑month statutory timeframe for parliamentary election appeals is directory; late Court of Appeal judgments are not void.
Constitutional law – election petitions – appellate jurisdiction – Article 132 and Section 14 Parliamentary Elections (Amendment) Act 2010 – six‑month statutory timeframe for election appeals held directory not mandatory – delayed appellate judgments not void – binding effect of Supreme Court precedent.
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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27 April 2021 |
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Whether the Electoral Commission could 'retire' its voters register and substitute it with National ID data without breaching Article 61(1)(e).
Electoral law – Voters’ register – Article 61(1)(e) – duty to compile, maintain, revise and update; limits on 'retiring' register; use of National ID databanks as an aid, not substitution; administrative fairness and right to vote; scope of Article 64 appeals vs constitutional interpretation.
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27 April 2021 |
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Majority: petition dismissed for lack of Constitutional Court jurisdiction; dissent would have declared unregistered “People Power” activities contrary to Article 72(2).
Constitutional jurisdiction — Article 137 — distinction between interpretation petitions and enforcement/rights petitions; Political organisations — Article 72(2) — requirement to conform to Article 71 and to register before operating as political parties/organisations; Freedom of association — Article 29(1)(e) — scope and limits where associational activity overlaps regulated political‑party functions; Procedural — suing non‑registered entities vs individuals; Attorney General duties — Article 119(4)(a) and limitations of AG’s obligation to act.
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27 April 2021 |
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27 April 2021 |
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Constitutional Court struck petition challenging internet and mobile-money shutdowns for lack of Article 137 interpretative jurisdiction.
Constitutional jurisdiction — Article 137 — interpretation versus enforcement; freedom of expression and ‘‘other media’’ (internet/social media); Article 43 limitations and proportionality; rights to livelihood (mobile money) and emerging digital rights; petition struck out for lack of interpretative question
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27 April 2021 |
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1 April 2021 |