The plaintiff will be on course to seek an interpretation of section 34, or an aspect of it, if he moves against a particular person in respect of an act or omission of that person, and he, for a defence, seeks shelter under section 34. It is then that is will be profitable for the court to determine whether the defendant or his act or omission is covered by section 34 or not. It is then that an interpretation or a declaration may be called for. On the pleadings as they now stand, any declaration made will be an empty declaration, a declaration in a vacuum. Ours is to interpret the constitution in the context of disputes. Ours is not to tender advice to prospective litigants; that is the role of solicitors in private practice. I agree with the defendant in this case that the plaintiff’s writ does not disclose a cause of action. I will dismiss it.
Bilson v Attorney-General [1994] SLR (SC) 2 · Supreme Court · 1994 · ADADE JSC
Read it in the judgment