Administrative Justice Act as at 15 September 2016
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Short title
This Act may be cited as the Administrative Justice Act [Chapter 10:28].
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Interpretation and application
(1) In this Act—
“administrative action” means any action taken or decision made by an administrative
authority, and the words “act”, “acting” and “actions” shall be construed and applied
accordingly;
“administrative authority” means any person who is—
(a) an officer, employee, member, committee, council, or board of the State or a local
authority or parastatal; or
(b) a committee or board appointed by or in terms of any enactment; or
(c) a Minister or Deputy Minister of the State; or
(d) any other person or body authorised by any enactment to exercise or perform any
administrative power or duty;
and who has the lawful authority to carry out the administrative action concerned;
“empowering provision” means a written law or rule of common law, or an agreement,
instrument or other document in terms of which any administrative action is taken;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister
to whom the President may from time to time assign the administration of this Act;
“parastatal” means a body established under an enactment for special purposes specified in the
enactment;
“uniformed force” means—
(a) the Defence Forces as defined in subsection (1) of section 2 of the Defence Act
[Chapter 11:02]; or
(b) the Police Force as defined in section 2 of the Police Act [Chapter 11:10]; or
(c) the Prisons and Correctional Service as defined in section 2 of the Prisons Act
[Chapter 7:11].
(2) The provisions of this Act shall be construed as being in addition to, and not as limiting, any
other right to appeal against, bring on review or apply for any other form of relief in respect of any
administrative action to which this Act applies.
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Duty of administrative authority
(1) An administrative authority which has the responsibility or power to take any administrative
action which may affect the rights, interests or legitimate expectations of any person shall—
(a) act lawfully, reasonably and in a fair manner; and
(b) act within the relevant period specified by law or, if there is no such specified period,
within a reasonable period after being requested to take the action by the person
concerned; and
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