Article 25 Enforcement of Fundamental Rights and Freedoms
(1)
Save in so far as it may be authorised to do so by this Constitution, Parliament or
any subordinate legislative authority shall not make any law, and the Executive
and the agencies of Government shall not take any action which abolishes or
abridges the fundamental rights and freedoms conferred by this Chapter, and any
law or action in contravention thereof shall to the extent of the contravention be
invalid: provided that:
(a)
a competent Court, instead of declaring such law or action to be invalid,
shall have the power and the discretion in an appropriate case to allow
Parliament, any subordinate legislative authority, or the Executive and the
agencies of Government, as the case may be, to correct any defect in the
impugned law or action within a specified period, subject to such conditions
as may be specified by it. In such event and until such correction, or until
the expiry of the time limit set by the Court, whichever be the shorter, such
impugned law or action shall be deemed to be valid;
(b)
any law which was in force immediately before the date of Independence
shall remain in force until amended, repealed or declared unconstitutional.
If a competent Court is of the opinion that such law is unconstitutional, it
may either set aside the law, or allow Parliament to correct any defect in
such law, in which event the provisions of Sub-Article (a) hereof shall apply.
(2)
Aggrieved persons who claim that a fundamental right or freedom guaranteed by
this Constitution has been infringed or threatened shall be entitled to approach
a competent Court to enforce or protect such a right or freedom, and may
approach the Ombudsman to provide them with such legal assistance or advice
as they require, and the Ombudsman shall have the discretion in response
thereto to provide such legal or other assistance as he or she may consider
expedient.
(3)
Subject to the provisions of this Constitution, the Court referred to in SubArticle
(2) hereof shall have the power to make all such orders as shall be necessary and
appropriate to secure such applicants the enjoyment of the rights and freedoms
conferred on them under the provisions of this Constitution, should the Court
come to the conclusion that such rights or freedoms have been unlawfully denied
or violated, or that grounds exist for the protection of such rights or freedoms by
interdict.
(4)
The power of the Court shall include the power to award monetary compensation
in respect of any damage suffered by the aggrieved persons in consequence of
such unlawful denial or violation of their fundamental rights and freedoms, where
it considers such an award to be appropriate in the circumstances of particular
cases.
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