prejudice by reason of the registration or exemption from registration of
such society.
109.
Section 13 of the same Act, empowers the Minister of Home Affairs “to
de-register any society that has among its objects or in his opinion is likely
to pursue or to be used for any unlawful purpose.” By implication, this
Section can be invoked to prohibit practices of racial discrimination by any
groups of persons or societies.
B.
JUDICIAL MEASURES
110.
Article 28 of the Constitution gives the right to anyone whose rights have
been or are likely to be violated, including violations based on prohibited
grounds of discrimination to petition the High Court for a remedy. Article
28 (1) reads in part:
“……. If any person alleges that any of the provisions of Articles 11 to 26
inclusive has been, is being or is likely to be contravened in relation to him, then,
without prejudice to any other action with respect to the same matter which is
lawfully available, that person may apply for redress to the High Court which
shall:
(a)
(b)
hear and determine any such application;
determine any question arising in the case of any
person which is referred to it in pursuance of clause
(2);
and which may, make such order, issue such writs and give such directions as it
may consider appropriate for the purpose of enforcing or securing the
enforcement of any of the provisions of Articles 11 to 26 inclusive”.
111.
Courts have powers to award the following remedies where anyone has
successfully established that his or her rights under Part III of the
Constitution have been violated. These are (i)
Damages
(ii)
Declaration
59