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Citation
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Judgment date
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| October 2023 |
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Appeal dismissed: isolated incidents of violence and intimidation were not proven to have prevented the majority from choosing their preferred candidate.
Electoral law — nullification threshold under s.97(2) EPA — misconduct by candidate or with agent's consent and requirement that misconduct be widespread enough to have prevented majority voters choosing preferred candidate — proof to convincing clarity.
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27 October 2023 |
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Section 30 CCA is constitutional; costs in constitutional litigation may be awarded only for frivolous, vexatious, or abusive conduct.
Constitutional law — costs — s.30 Constitutional Court Act — judicial discretion to award costs — constitutional and public interest litigation — caution in awarding costs — factors: frivolous/vexatious, abuse of process, conduct of parties and counsel — need for procedural rules.
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27 October 2023 |
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Whether the JCC can investigate pre-appointment misconduct and whether failure to follow Article 144 suspension procedure nullifies removal.
Constitutional law – Judicial Complaints Commission jurisdiction over pre-appointment conduct; Article 143/144 removal procedure – mandatory requirement to report prima facie case and suspend judge; Article 266 – gross misconduct includes corruption; procedural irregularity not remedied where substantive outcome established; relief refused as futile.
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26 October 2023 |
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An allegation that a person’s conduct contravenes the Constitution must be commenced by petition; originating summons was unsuitable and dismissed.
Constitutional procedure – Mode of commencement – Article 128(1)(a),(b) and 128(3)(c) – Petition required where an act by a person is alleged to contravene the Constitution – Originating summons appropriate only for non‑contentious, general constitutional interpretation.
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26 October 2023 |
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Constitutional Court lacks jurisdiction over redundancy-related salary and damages claims; Industrial Relations Division is competent.
Constitutional jurisdiction – Article 128 – interpretation of the Constitution versus employment disputes – redundancy and pension retention on payroll – Industrial Relations Division competent to grant employment remedies.
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26 October 2023 |
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A district council election can only be annulled by a petition founded on Section 97 of the Electoral Process Act.
Electoral law — Local government election petitions — Section 97 Electoral Process Act as the sole statutory basis to challenge and annul council chairperson elections — competence of petitions — petitions not grounded in s.97 are incompetent.
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2 October 2023 |