Thursday, February 9, 2023

THE CHIEF JUSTICE SHOULD TAKE NOTE: ON THE SOLO SANDENG HABEAS CORPUS APPLICATION

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The case was supposed to be heard on 7 June 2016 which became a public holiday. One would have thought that the legal minds would know what should be done if a particular proceeding falls on a public holiday.

The Interpretation Act is not silent on this matter and should not be honoured with disregard. Section 31 paragraph (c) of the Act states very clearly:

“…when an act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in good time if it is done or taken on the next unexcluded day.”

This case should have been heard on Monday 11 July if the rule of law is the order of the day.

                                            

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