The article discusses the ramifications of the court’s exclusive jurisdiction and the different aspects of the court’s human rights jurisdiction as set out in the Constitution (Third Alteration) Act 2010. The article adopts a doctrinal approach to trace: the jurisdiction and nature of human rights; the criticism of the mandate of human rights; the exclusivity of jurisdiction; the applicability of the 2009 Rules of Procedure on Fundamental Right Enforcement; the right of appeal; and its implications by providing for an insightful consideration under the Constitution (Third Alteration) Act 2010 to prove its justification and finds that there are grounds for doing so. The article recommends amending the relevant laws and Constitutional rules and Fundamental Right Enforcement Procedure Rules 2009, to render the court’s jurisdiction over human rights concurrent rather than exclusive, in order to give full effect to the human rights jurisdiction, to achieve the full objectives and enhanced success in its jurisdiction over human rights matters.
Key Words: Jurisdiction, Human Right, National Industrial Court, Constitution, Labour Law
The National Industrial Court (NIC) is saddled with the responsibility of adjudicating on labour related matters. Despite lofty provisions which place human rights protection directly at the doorsteps of the court, the court’s real position in the protection of human rights labour law has remained largely under-scrutinized.