In Msomi NO & Ors v Abrahams 1981 (2) SA 256 (N) the court held that if the internal remedy cannot provide the same satisfaction as judicial review, this strongly indicates that the internal remedy does not have to be exhausted first. The power to review is inherent in courts of superior jurisdiction, but such power is limited to the legality of the administrative action or decision. Under the rules this period includes the last day when the event occurred and excludes the last day. It asked the court to dismiss the application for leave to commence judicial review, with costs. There are a number of exceptional situations where an aggrieved person would not be obliged to exhaust his or her internal remedies before approaching the High Court for relief. These persons were executive committee members of Zimbabwe Law Officers' Association. Furthermore, the alleged unlawfulness complained of must not be such as would have undermined the domestic remedies themselves. The High Court may either set aside or correct the proceedings. Conventional judicial review procedure is governed by Order 84 of the Rules of the Superior Courts. Within twelve court days of service of the application for review the tribunal, board or officer must lodge with the registrar of the High Court the original record of the proceedings, together with two typed copies of this record. See also Fikilini v Attorney-General 1990 (1) ZLR 105 (S); Secretary for Transport & Anor v Makwavarara 1991 (1) ZLR 18 (S) and Affretair (Pvt) Ltd & Anor v MK Airlines (Pvt) Ltd 1996 (2) ZLR 15 (S).
L-r: Brian Bwembya , Maiko Zulu, Jayson Chipepo and Fumba Chama at High Court during the ECZ case on September 29, 2020 – Picture by Tenson Mkhala, K452m wasn’t distributed to Social Cash Transfer beneficiaries, reveals AG, There’s an increase in COVID-19 reinfections – Chilufya, Why Lungu is NOT eligible to contest for re-election in 2021. As regards appeals against the decisions of administrative tribunals the statute or contract may provide for a right of appeal to a higher administrative tribunal. After a discouraging letter from his head of department, he did not appeal to the disciplinary committee as provided by the code of conduct. In terms of s 22 of the Health Professions Act [Chapter 27:19], any person who is aggrieved by any decision taken in regard to him by a council may appeal against the decision to the Health Professions Authority within thirty days after being informed of the decision. 25.3. Box 32147 Lusaka, Zambia, Telephone or WhatsApp: +26-097-7708285 +26-095-3424603 +26-096-5815078, Email: diggers [at] diggers [dot] news editor [at] diggers [dot] news, Zondiwe has interest in writing political and current affairs on issues which affect every Zambians. Which government service provider do you rate the best, Plot No. The matter being dealt with was of a specialised technical nature and such matters are best dealt with by the specialised agency set up to deal with such matters and the internal remedies should have been pursued. The court held that where domestic remedies are capable of providing effective redress in respect of the complaint, a litigant should exhaust those remedies unless there are good reasons for not doing so.