Administrative Justice Act (Cap. 490)
Administrative Justice Act (Cap. 490), article 3
3. (1) In their relations with the public, administrative
tribunals shall respect and a pply the principles of good
administrative behaviour laid down in this Part of this Act.
(2) The principles of good administrative behaviour include the
following:
2 [CAP. 490. ADMINISTRATIVE JUSTICE
(a) an administrative tribunal shall respect the parties’
right to a fair hearing, including the principles of
natural justice, namely:
(i) nemo judex in causa sua , and
(ii) audi et alteram partem ;
(b) the time within which an administrative tribunal shall
take its decision shall be reasonable in the light of the
circumstances of each case. The decision shall be
delivered as soon as possible and for this purpose the
tribunal shall deliver one decision about all matters
involved in the cause whether they are of a
preliminary, proced ural or of a substantive nature;
(c) an administrative tribunal shall ensure that there shall
be procedural equality between the parties to the
proceedings. Each party sha ll be given an opportunity
to present its case, whether in writing or orally or both,
without being placed at a disadvantage;
(d) an administrative tribunal shall ensure that the public
administration makes available the documents and
information relevant to the case and that the other
party or parties to the pro ceedings have access to these
documents and information;
(e) proceedings before an adminis trative tribunal shall be
adversarial in nature. All evidence admitted by such a
tribunal shall, in principle, be made available to the
parties with a view to adversarial argument;
(f) an administrative tribunal shall be in a position to
examine all of the factual a nd legal issues relevant to
the case presented by the parties in terms of the
applicable law;
(g) save as otherwise provide d by law, the proceedings
before an administrative tribunal shall be conducted in
public;
(h) r e a s o n s s h a l l b e g i v e n f o r t h e j u d g m e n t . A n
administrative tribunal shall indicate, with sufficient
clarity, the grounds on which it bases its decisions.
Although it shall not be necessa ry for a tribunal to deal
with every point raised in argument, a submission that
would, if accepted, be decisive for the outcome of the
case, shall require a speci fic and express response.
Power of Minister
to make
regulations to
implement
provisions of this
Part.
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