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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part V : General and Supplementary

Chapter XVIII : General and Supplementary

110. Pronouncements on validity of law or conduct of President

 

(1) A court shall not be competent to pronounce on the validity of any law or conduct of the President.

 

(2) If in any proceedings before a court it is alleged that—
(a) any law or any conduct of the President is invalid on the grounds of its inconsistency with a provision of the Constitution; or
(b) any law is invalid on any ground other than its constitutionality,

the court shall decide the matter on the assumption that such law or conduct is valid: Provided that the party which alleges that a law or conduct of the President is invalid, may adduce evidence regarding the invalidity of the law or conduct in question.