A Review of Fundamental Rights Enforcement Procedure 2009: Fruitful or Fruitless?

Abstract

The fundamental rights enforcement procedure is a way of challenging human rights violations if and when one’s fundamental right has been, is being, or is likely to be infringed upon. Thus, the applicant can approach the court and seek redress or prevent the violation from happening. The rules for this procedure are set out in the Fundamental Rights (Enforcement Procedure) Rules 2009 (FREP Rules 2009), which contain the steps and rules in seeking redress for human rights violations. This research examines whether the Fundamental Rights Enforcement Procedure 2009 is fruitful or fruitless. This paper analysed the FREP Rules and considered to what extent it achieved its objective in order to enhance a robust human rights regime. This paper found out that the Fundamental Rights (Enforcement Procedure) Rules 2009, though has brought tremendous changes in the field of human rights protection, it is still faced with some setbacks like the issue of principal and ancillary claim in the enforcement of fundamental rights and the jurisdiction of the National Industrial Court which is not clear in the rule. The paper recommends that Courts should do away with the dichotomy between principal and ancillary claims, among others.