of any person who is appointed to any office in the public service, any office in a
disciplined force, any office in the service of a local authority or any office in a body
corporate established directly by any law for public purposes.
(6)
Subsection (2) shall not apply to anything which is expressly or by necessary
implication authorised to be done by any such provision 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 on the rights and freedoms
guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is
authorised by section 9(2), 11(5), 12(2), 13(2), 14(2) or 15(3), as the case may be.
(8)
Subsection (2) shall not affect any discretion relating to the institution, conduct or
discontinuance of civil or criminal proceedings in any court that is vested in any
person by or under this Constitution or any other law.
Amended by [Act No. 23 of 1995]
17.
Enforcement of protective provisions
(1)
Where any person alleges that any of sections 3 to 16 has been, is being or is likely
to be contravened in relation to him, then, without prejudice to any other action with
respect to the same matter that is lawfully available, that person may apply to the
Supreme Court for redress.
(2)
The Supreme Court shall have original jurisdiction to hear and determine any
application made by any person in pursuance of subsection (1), and may make
such orders, issue such writs and give such directions as it may consider
appropriate for the purpose of enforcing, or securing the enforcement of, any of
sections 3 to 16 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.
17A.
(3)
The Supreme Court shall have such powers in addition to those conferred by this
section as may be prescribed for the purpose of enabling that court more effectively
to exercise the jurisdiction conferred upon it by this section.
(4)
The Chief Justice may make rules with respect to the practice and procedure of the
Supreme Court, in relation to the jurisdiction and powers conferred upon it by or
under this section (including rules with respect to the time within which applications
to that court may be made).
Payment or retiring allowances to Members
(1)
Nothing contained in and nothing done under the authority of a law shall be held to
be inconsistent with or in contravention of any provision of this Constitution -