Section 11 of The Fair Administrative Action Act CAP 7L: Orders in proceedings for judicial review

    

(1) In proceedings for judicial review under section 8(1), the court may grant any order that is just and equitable, including an order–
(a) declaring the rights of the parties in respect of any matter to which the administrative action relates;
(b) restraining the administrator from acting or continuing to act in breach of duty imposed upon the administrator under any written law or from acting or continuing to act in any manner that is prejudicial to the legal rights of an applicant;
(c) directing the administrator to give reasons for the administrative action or decision taken by the administrator;
(d) prohibiting the administrator from acting in a particular manner;
(e) setting aside the administrative action or decision and remitting the matter for reconsideration by the administrator, with or without directions;
(f) compelling the performance by an administrator of a public duty owed in law and in respect of which the applicant has a legally enforceable right;
(g) prohibiting the administrator from acting in a particular manner;
(h) setting aside the administrative action and remitting the matter for reconsideration by the administrator, with or without directions;
(i) granting a temporary interdict or other temporary relief; or
(j) for the award of costs or other pecuniary compensation in appropriate cases.
(2) In proceedings for judicial review relating to failure to take an administrative action, the court may grant any order that is just and equitable, including an order–
(a) directing the taking of the decision;
(b) declaring the rights of the parties in relation to the taking of the decision;
(c) directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the court or tribunal considers necessary to do justice between the parties; or
(d) as to costs and other monetary compensation.


Disclaimer: This document is not to be taken as legal advise.

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