By Evarist Baimu Nyaga Mawalla - Home

the operation of the statute must not be hindered. As a philosophyof democratic Government, democracy asserts the supreme worth,and dignity, and creative capacity of every individual human being,and the State exists to enable citizens to fulfill their natural man.But this man, within the law, enters into relations with his fellowbeings, at many levels, and is it not a phenomenon of humanbeings to form groups, none of which however, not even the state,exhausts his social needs. In other words, the development of mangenerally requires a plurality of autonomous communities, havingtheir own rights, their own freedoms, and their own authorities asguaranteed by the Constitution. Having on my part read thepapers and the submissions, I am decidedly of the view, that whensuch rights are allegedly transgressed, I think that a Prima faciecase has been established beyond a shadow of doubt, that there isperhaps a constitutional question to be determined. On thebalance of convenience, it is clear to the tall and short, that refusalto grant temporary injunction would be disastrous to BAWATA, andmembers thereof, for refusal to grant the relief would mean deathsentence, with serious consequences, under section 12A of theordinance, thereby throwing the partition in total jeopardy, withoutcompetent authority to pursue it in this form, and from the citizensperspective, this would not only be a loss of opportunity for thecrucible test of the operations of their constitution, but also a lossof opportunity of their training in their Constitution in unobstructedliberty. If our democracy though young, is yeteducated, if our Parliament though young is less alert and yet tolearn, if our Executive is to know more about Constitutionprinciples, upon which they take oath then on the balance ofconvenience, all are not only eager to learn, but also, to test outyoung Constitution and advance the constitutional principlesinvolved, and the Court having played its dutiful role, its duty endsthere. From the above, I am satisfied that the applicants /petitioners, have made out a case for a temporary injunction, and itis hereby ordered, that BAWATA in the interests of justice, shallremain uncancelled, nor be otherwise interfered with, till theConstitution partition, is heard and finally decided.Delivered this 4 th day of March, 1998.E.W. Katiti104