(III)
[66]
SECTION 8(8)
The Claimants claim that the Speaker violated Section 8 (8) of the Constitution when she
failed to give them a fair hearing or an opportunity to be heard on the matter regarding
their vacating their seats before announcing the said decision and declaration. 23
Section 8(8) of the Constitution states:
“Any court or other authority prescribed by law for the
determination of the existence or extent of any civil right or
obligation shall be established by law and shall be
independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court
or other authority, the case shall be given a fair hearing within
a reasonable time”
[67]
Learned Counsel for the Claimant submitted that the Claimants’ Claim should fail in this
regard because they have failed to disclose in their case as stated that there were any
proceedings instituted before the Speaker and she failed to give a fair hearing and
therefore there was an actionable breach of section 8(8). Learned Counsel further
submitted that the Claimants were relying on the second half of the section and they have
not pleaded that there was no hearing instituted before the Speaker or that the Speaker
failed to give a hearing before a reasonable time.
[68]
Learned Counsel went on to submit that these alleged breaches as pleaded by the
Claimants’ in their second affidavits at Paragraph 4(viii) and 4(ix) seems to be asking the
court to judicially review the Speaker’s decision without seeking or obtaining the Court’s
leave so to do, and cannot in the circumstances be allowed to stand.
[69]
Further, counsel submitted that the Claimants are asking the court to find that the
Speaker’s actions (in breaching Section 8(8)) were in breach of the rules of natural
23
See paragraphs 29(4) of the first affidavit of Hector John, paragraph 28(4) of the first affidavit of Edison
James and paragraph 4(viii) & 4(ix) of the second affidavits of Hector John and Edison James.
20