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were enacted unprocedurally without adequate public participation and the Senate having
played its role.
Key Issues for Determination
The main issues that the court had to determine was whether the amendments made to the
Registration of Persons Act through the Statute Law (Miscellaneous Amendment) Act No.
18 of 2018 were unconstitutional on grounds that public participation requirements were
not fulfilled; whether the amendments made to the Registration of Persons Act through
the Statute Law (Miscellaneous Amendment) Act No. 18 of 2018 were constitutional given
that they were substantive as opposed to minor and they related to the establishment of
the National Integrated Identity Management System (NIIMS); whether the amendments
which related to the establishment of the National Integrated Identity Management
System (NIIMS,) were unconstitutional on grounds that they were not passed by the
Senate; whether the legal provisions related to National Integrated Identity Management
System (NIIMS) as introduced under the Statute Law (Miscellaneous Amendment) Act
No. 18 of 2018 were unconstitutional on grounds that they violated rights to privacy and
children’s rights as there were security risks posed by the collection of personal data and
whether the legal provisions related to National Integrated Identity Management System
(NIIMS) as introduced under the Statute Law (Miscellaneous Amendment) Act No. 18
of 2018 were unconstitutional on grounds that rights to equality and non-discrimination
of marginalized groups such as the Nubian Community would be violated because of the
potential exclusion risks arising from difficulties in obtaining identification documents
from the government.
Summary of Judgment
• On public participation, the court held that the doctrine of public participation
encompassed the right to directly participate in political affairs and also indirect
participation through elected representatives. The fulfilment of public participation
would include allowing the public to engage in public debate and dialogue with elected
representatives at public hearings and ensuring that citizens had necessary information
and an effective opportunity to exercise the right to political participation. That
entailed two aspects- providing meaningful opportunities for public participation
in the law-making process and taking measures to
ensure that people had the ability to take advantage of The respondents had demonstrated that the
of the impugned legislation was to setup
the opportunities provided. The obligation to facilitate purpose
an identification system and to the extent that it
public participation ranged from providing information was necessary, it was constitutional.
and building awareness to partnering in decision-making.
Public participation in the legislative process was a legal
requirement. However, the manner and means of achieving public participation should
be left to the legislature. The duty of the legislature in ensuring public participation
was to inform the public of its business and provide an environment and opportunity
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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