Section 319:

319. Elections – Unconvicted detainee – Right to take oath as councilor— The applicant had been elected at the municipal elections and he sought orders compelling the respondents to release him from detention as to enable him to take the oath as councilor. HELD since our law does not spell out clearly and exhaustively the rights which a detainee may exercise, the Courts have a large measure of discretion in keeping a proper balance between conflicting interests. The right of a prisoner to take an oath after being duly elected cannot be denied and the exercise of that right is not incompatible with remand pending trial. Fakeemeeah v Commissioner of Police (2001). PART VII – REDRESS