DECISION
Matter sent to a full trial before a single Judge of the Constitutional Court so that it can be appealed to
We have heard the argument from both sides.
This is to give a clear basis.
We have considered rules and supreme court regulations and the whitebook.
The white book provides especially14(a) provides for determination of the matter.
The court may upon, on the basis of the application or on its own, that such a question is suitable for determination without trial.
The entire cause or issue therein,
In the present case, the petioner has raised four questions.
Without delving into the merit of the case.
The same issues are the same issues raised in defence.
That the petitioner had an opportunity to present his case before the matter previously.
That this court should embrace the princiole of finality.
That this court thoroughly review of the law.
We have set out the issues raised in the defence are the same issues raised in defence.
While the court has power to determine any question of law.
The court may only do so if the question is up for determination without full trial of the matter.
The court will not do so if the matter require trial.
Under the summary procedure in the white book.
Given the contentious case, the issues raised in the petitin are not suitable for allowed to be addressed at rual
Motion dismissed
ECL Eligibility case sent to full trial before a single judge