d.
e.
f.
g.
h.
with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of
personal law; or
for the application in the case of members of a particular race or tribe or customary law with respect to any
matter to the exclusion of any law with respect to that matter which is applicable in the case of other
persons; or
for authorising the taking during a period of public emergency of measures that are reasonably justifiable for
the purpose of dealing with the situation that exists during that period of public emergency; or
whereby persons of any such description as mentioned in subsection (3) may be subjected to any disability
or restriction or may be accorded any privilege or advantage which, having regard to its nature and to
special circumstances pertaining to those persons or to persons of any other such description, is reasonably
justifiable in a democratic society; or
for the limitation of citizenship or relating to national registration or to the collection of demographic
statistics.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the
extent that it makes provision with respect to qualifications for service as a public officer or as a member of a
defence force or for the service of a local government authority or a body corporate established directly by any law or
of membership of Parliament.
(6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done
by any such provisions of law as is referred to in subsection (4) or (5).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question makes provision whereby persons of any such
description as is mentioned in subsection (3) may be subjected to any restriction of the rights and freedoms
guaranteed by sections 18, 22, 24, 25 and 26 being such a restriction as is authorised by subsection (3) of section 18,
subsection (2) of section 22, subsection (5) of section 24, subsection (2) of section 25 or subsection (2) of section 26,
as the case may be.
(8) The exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person under or by this Constitution or any other law shall not be
enquired into by any Court on the grounds that it contravenes the provision of subsection (2).
Enforcement of
protective provisions.
28. (1) Subject to the provisions of subsection (4), if any person alleges that any of the provisions of sections 16 to 27
(inclusive) has been, is being or is likely to be contravened in relation to him by any person (or, in the case of a
person who is detained, if any other person alleges such a contravention in relation to the detained person), then,
without prejudice to any other action with respect to the same matter which is lawfully available, that person, (or that
other person), may apply by motion to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction—
a.
b.
to hear and determine any application made by any person in pursuance of subjection (1); and
to determine any question arising in the case of any person which is referred to in pursuance of subsection
(3), and may made such order, issue such writs, and give such directions as it may consider appropriate for
the purpose of enforcing, or securing the enforcement of any of the provisions of the said sections 16 to 27
(inclusive) to the protection of which the person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate
means of redress for the contravention alleged are or have been available to the person concerned under any other
law.
(3) If in any proceedings in any court other than the Supreme Court, any question arises as to the contravention of
any of the provisions of sections 16 to 27 inclusive, that court may, and shall if any party to the proceedings so
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