judicial review
INTRODUCTION
This paper is set to advise John Phiri on the best possible action to take in relation to redress in the courts of Law. In due course, this paper will attempt to demonstrate why the said action is the best under the prevailing circumstances. This paper will also employ relevant legislation and authorities and draw a conclusion to elucidate this fact.
CONTROL OF ADMINISTRATIVE ACTIONS
To fully advise John, it is important to note that administrative actions emanate from public authorities. Control of these public authorities relates to the method of acquisition of power exercised, the source of such power as well as whether or not such power ought to be exercised pursuant to a particular procedure. It is clear to note that the power in question from the facts of the case at hand is that of the Commissioner of Lands, an office created by statute, with powers prescribed and outlined in relation to manner of exercise. In relation to control, more often than not the prescribing statute itself does provide for administrative mechanisms of control in addition to methods of redress to the courts of Law. This position is well illustrated in the case of New Plast Industries V The Commissioner of Lands and The Attorney-General, where it was held that the mode of commencement of any action is generally provided by the relevant statute. In effect the court was of the view that where a statute provides for the procedure of commencing an action, a party has no option but to abide by it.
It is safe also to assume from the foregoing authority that where a statute provides for an internal procedure, as it were, for dispute resolution, that said procedure must be exhausted before further redress can be sought. Thus, various statutes as in the case at hand afford institutions and mechanisms to supervise the administration, and ensure that all administrative agencies and officers work within the law.
The question that needs to be expounded is under which statute
This paper is set to advise John Phiri on the best possible action to take in relation to redress in the courts of Law. In due course, this paper will attempt to demonstrate why the said action is the best under the prevailing circumstances. This paper will also employ relevant legislation and authorities and draw a conclusion to elucidate this fact.
CONTROL OF ADMINISTRATIVE ACTIONS
To fully advise John, it is important to note that administrative actions emanate from public authorities. Control of these public authorities relates to the method of acquisition of power exercised, the source of such power as well as whether or not such power ought to be exercised pursuant to a particular procedure. It is clear to note that the power in question from the facts of the case at hand is that of the Commissioner of Lands, an office created by statute, with powers prescribed and outlined in relation to manner of exercise. In relation to control, more often than not the prescribing statute itself does provide for administrative mechanisms of control in addition to methods of redress to the courts of Law. This position is well illustrated in the case of New Plast Industries V The Commissioner of Lands and The Attorney-General, where it was held that the mode of commencement of any action is generally provided by the relevant statute. In effect the court was of the view that where a statute provides for the procedure of commencing an action, a party has no option but to abide by it.
It is safe also to assume from the foregoing authority that where a statute provides for an internal procedure, as it were, for dispute resolution, that said procedure must be exhausted before further redress can be sought. Thus, various statutes as in the case at hand afford institutions and mechanisms to supervise the administration, and ensure that all administrative agencies and officers work within the law.
The question that needs to be expounded is under which statute
Bibliography: Craig, P.P. Administrative Law (Sweet & Maxwell, Fifth Edition 2006) Jackson, P Wade, H.W.R. Administrative Law (6th ed, Oxford University Press, 1998) LEGISLATION REFERRED TO Rules of the Supreme Court of England (1999 Edition). New Plast Industries V The Commissioner of Lands and The Attorney-General - SCZ Judgment No. 8 of 2001 R V Bolton Justices, ex parte Scally and other applications (1991) 2 All ER 619 R V Inland Revenue Commissioners, ex parte Preston (1984) 3 All ER 625 Saul Kureba V Ganizani Goma and The Attorney General (1995) S.J