10.07.2015 Views

By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

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appellant in response to his repeated requests? We are convinced that it wouldnot beApart from that Article 13 of the Constitution deals with equality before the law.Paragraph (a) of clause (6) of that Article has attracted our attention. It provides(6) for the purposed of ensuring equality before the law the state shall makeprovisions(a) that every person shall when hisfights and obligations are beingdetermined be entitled to a fairhearing by the court of law or otherbody concerned and be guaranteed theright of appeal or to another legalremedy against the decisions ofCourt of law and other bodies whichDecide on his rights or interestsFounded on statutory provisionsIt is clear that the commission is a sort of body referred to here If a right of appealor another legal remedy against the decision of such body is envisaged thenobviously a copy of its report ought to be made available to the subject of therelevant proceedings otherwise we fail to see how he could possibly challengethe decision.We want to make it abundantly clear here that we are not saying that theappellant could appeal or seek another legal remedy under Article 13 (6) (a)against the recommendation made under Article 110 (6) by the commission. Weknow he made a submission to that effect at one stage in support of his claimsfor a copy of the report. He told us that the report could be a subject of judicialreview However that issue has not strictly been before us and we do not want384

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