Interpretation 38.
Of chapter iv
(6)
The High Court shall consider every application and
reference referred to it in pursuance of this section and,
having heard arguments by or on behalf of the parties, shall
pronounce its decision on the question in open court as
soon as may, and in the case of a reference under
subsection (4), not later than thirty days after the
conclusion of the final addresses of the parties.
(7)
An Act of the National Assembly may confer on the high
court such powers in addition to those conferred by this
section as may appear to be necessary or desirable for the
purpose of enabling the Court more effectively to exercise
the jurisdiction conferred upon it by this section.
(8)
The rights, duties, declarations and guarantees relating to
the fundamental human rights and freedoms specifically
mentioned in this chapter shall not be regarded as
excluding other rights which may be prescribed by an Act
of the National Assembly as inherent in a democracy and
intended to secure the freedom and dignity of man.
(1)
In this Chapter, save where the context otherwise requires“a period of public emergency” means any period during
which The Gambia is at war or a declaration is in force
under section 34;
“contravention” in relation to any requirement, includes a
failure to comply with that requirement, and cognate
expressions shall be construed accordingly:
“court” means any court of law in The Gambia other than a
district tribunal or, save as provided in subsection (2), a
court constituted under service law;
“defence force” means any naval, military or air force of
The Gambia;
“member” in relation to a defence force, includes persons
who, under the law regulating the discipline of that force,
are subject to that discipline;
“owner” includes any person deprived of any right or
interest pursuant to section 22;
“service law” means the law regarding the discipline of a
defence force or of the Police Force or the Prison Service
or any disciplined volunteer force.
(2)
In relation to an offence against service law, a reference to
“court”