INTRODUCTION
- On 11 January 2023, the High Court issued an order declaring the provisions of s 314 of the Urban Councils Act [Chapter 29:15], (“the Act”), inconsistent with the Constitution and therefore invalid.
- By deliberate design aimed at ensuring consistency and certainty in the interpretation of the Constitution, it is an imperative of constitutional litigation in this jurisdiction that an order concerning the constitutional invalidity of any law or conduct of the President or Parliament made by any court, must be confirmed by this Court. Unless so confirmed, such order has no force or effect. In turn, the Rules of this Court set out a procedure that directs the clerk or registrar of the court making such an order to place the relevant record of proceedings before this court for the confirmation of the order. Acting in accordance with this procedure, the Registrar of the High Court placed this matter before the Court for an appropriate order.
This is the judgment of the Court in the confirmation proceedings
