11 of 2010(7) Where a person is detained under a state of emergency such detention shall be
subject to the following conditions—
(a)
an adult family member or friend of the detainee shall be notified of the detention as
soon as is reasonably possible and in any case not later than fortyeight hours of detention;
(b)
the name of every detainee and a reference to the measures in terms of which he or she
is being detained shall be published in the Gazette within five days of his or her detention;
(c)
when rights entrenched in section 19 (6) (a) or section 42 (2) (b) have been suspended—
(i)
the detention of a person shall, as soon as it is reasonably possible but not later
than ten days after his or her detention, be reviewed by a court, and the court shall order the release of
the detainee if it is satisfied that the detention is not necessary to restore peace or order;
(ii)
a detainee shall at any stage after the expiry of a period of five days after a
review under subparagraph (i) be entitled to apply to a court of law for a further review of his or her
detention, and the court shall order the release of the detainee if it is satisfied that the detention is no
longer necessary to restore peace or order;
(d)
the State shall for the purpose of a review referred to in paragraph (c) submit written
reasons to justify the detention or further detention of the detainee to the court, and shall furnish the
detainee with such reasons not later than two days before the review.
11 of 2010(8) If a court finds the grounds for the detention of a person to be unjustified or illegal
it shall order his or her release and that person shall not be detained again on the same grounds unless
the State shows good cause to a court prior to such re-detention.
11 of 2010(9) Under no circumstance shall it be possible to suspend this Constitution or any part
thereof or dissolve any of its organs, save as is consistent with the provisions of this Constitution.
[Ch0000s46]46. Enforcement
11 of 2010(1) Save in so far as it may be authorized to do so by this Constitution, the National
Assembly 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 rights and freedoms
enshrined in this Chapter, and any law or action in contravention thereof shall, to the extent of the
contravention, be invalid.
11 of 2010(2) Any person who claims that a right or freedom guaranteed by this Constitution
has been infringed or threatened shall be entitled—
(a)
and
to make application to a competent court to enforce or protect such a right or freedom;