Supreme Court
Decision Information
Abstract: Interlocutory Motion challenging the validity of the Municipal (Amendment) Act of 1982 - Applicant contends that Act is invalid as certain procedural points not followed in enacting the legislation - Applicant further contends that the Act violates section 15 of the Charter by setting qualifications for holding the office of mayor.
Decision: Motion denied in part - Procedural deficiencies in enacting the legislation are not fatal as no time frame is given for when each step must be complete - It is open therefore for an Act to come into force but actually go before the House at a later date - Violation of section 15 of the Charter found in that some people are entitled to run for office and others are not - Matter adjourned to hear submissions on whether the violation is justified.
Subjects: Elections - Candidates - Eligibility
Civil liberties and human rights - Equality rights - Equality before the law
Keywords: Election - discrimination - office