005056
101.
The
Court
observes
that
the
determination
on
whether
a
domestic
court
is
competent to hear a matter depends on the legal system of the State concerned.
In
this regard, domestic courts have the power to interpret the laws and determine their
jurisdiction.
102.
Inthe instant case, the Court notes that Article 133 (1) of the Respondent State’s
Constitution
provides that “The Supreme
Court may
review any decision
made
or
given by it on such grounds and subject to such conditions as may be prescribed by
rules of court”. On the other hand, Article 130 of the Constitution stipulates that the
Supreme Court has original jurisdiction over matters regarding constitutional disputes.
The Court further notes that the Ordinary Bench of the Supreme Court declared that
it lacked jurisdiction because it was incompetent to examine the claims relating to the
Applicant, as they did not raise a constitutional dispute.
103.
The Court observes that, on the contrary, the Review Bench reversed this decision
invoking
lacked
its review jurisdiction,
jurisdiction
with
respect
noting that the Ordinary
to
the
Applicant's
Bench
claims
by declaring
resulted
in
a
that it
grave
miscarriage of justice. The Review Bench stated that “As the matter stands now, there
is a real danger that the High Court which
is the appropriate forum that this court
referred the matter to, may itself give a contrary and conflicting decision quite apart
from what this court has given’.
104.
Considering the margin of discretion domestic courts enjoy in interpreting their own
jurisdiction, this Court
holds that, on the face of it, there
is nothing
erroneous
or
arbitrary in the Supreme Court's Review Bench interpretation of its own jurisdiction.
This is significant given that the Supreme Court is the highest court in the Respondent
State.
105.
Furthermore,
violated
any
jurisdiction.
the Applicant has also not demonstrated
specific
legal
procedures
or acted
arbitrarily
how the Supreme
in assuming
Court
its review