Synopsis:
Application for direct access seeking an order declaring that the President and Parliament failed to fulfil constitutional obligations because no legislation has been passed recognising and regulating marriages concluded under Islamic law. The Court dealt with a preliminary point only ? whether the Centre could bring its case as a direct access application. The Court held that the exclusive-access provision of the Constitution, section 167(4)(e), focuses on specific agents ? it mentions only the President and Parliament. By contrast, the obligation to enact legislation to fulfil the rights in the Bill of Rights falls on a wide range of constitutional actors. The obligation therefore does not fall within this Court?s exclusive jurisdiction. Application dismissed. Majority: Cameron J (unanimous).
