facts that should have been stated in the affidavit accompanying the petition are given.
To respond to the allegations and the evidence contained in the said affidavits
assembled in five months, the appellants are given a mere 20 days. Within that short
time, the appellants had the onerous task of looking for witnesses to rebut each and
every allegation and piece of evidence in the respondent’s pleadings in a situation
where the enthusiasm with which the elections were held, six months before, had long
died down making it extremely difficult for the appellants to organize witnesses and
gather the necessary evidence from them.
Is this the kind of fair hearing and fair trial envisaged under Article 28 of our
Constitution, the other laws of the land and the fundamental principles of natural
justice? To answer that question we shall first look at what may be regarded as
constituting fair hearing and fair trial.
Examining the question what is a Fair Trial, the Lawyers Committee for Human
Rights in its Basic Guide to Legal Standards and Practice, March 2000 states thus:“The right to a Fair Trial is applicable to both the
determination of an individual’s rights and duties in
suits at law and with respect to the determination of
any criminal charge against him/her. The term “suit
at law” refers to various types of court proceedings
including administrative proceedings for example
because the concept of a suit at law has been
interpreted as hinging on the nature of the right
involved rather than the status of one of the
parties………… The standards against which a trial is
to be assessed in terms of fairness are numerous,
complex and consistently evolving.
They may
constitute binding obligations that are included in
human rights treaties to which the state is a party.
But they may also be found in documents which,
though not formally binding, can be taken to express
the direction in which the law is evolving…… The
right to fair hearing encompasses the procedural and
other guarantees….
The single most important