Chapter 003:06 - Judicial Review

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/428-chapter-306-judicial-review/file

L.R.O. 1/2012
LAWS OF GUYANA
JUDICIAL REVIEW ACT
CHAPTER 3:06
Act
23 of 2010
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 16 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note
on
Commencement Date.
As at the date of this publication, this law had not yet come into force.
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CHAPTER 3:06
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
JUDICIAL REVIEW
3. Application for judicial review.
4. Persons entitled to relief.
5. Grounds for relief.
6. Appointment of persons to investigate.
7. Notice of application in public interest.
8. Remedies.
9. Exhaustion of alternative remedies.
10. Interlocutory applications.
11. Private law actions.
12. Power of Court to convert private law action into public law action.
13. Application in respect of failure to make a decision.
14. Application in respect of failure to make a decision.
15. Reasons for decisions.
16. Statement of reasons.
PART III
MISCELLANEOUS
17. Stay of proceedings.
18. Interim injunction to restrain persons from acting in office.
19. Natural justice.
JUDICIAL REVIEW ACT
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SECTION
20. Power to remit.
21. Power of Court to refuse relief.
22. Right of appeal.
23. Act binds the State.
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CHAPTER 3:06
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23 of 2010
An Act to provide for an application to the High Court of the
Supreme Court of Judicature for relief by way of
judicial review and for related matters.

“act" includes any decision, determination,. advice or
recommendation made in accordance with a power or
duty conferred or imposed by the Constitution, any
written law, instrument of incorporation, rules or
bylaws of any corporate or incorporate body or under a
non-statutory scheme that is funded out of monies
appropriated by Parliament;
“administrative act or omission” means an act or omission
of a Minister, public body, public authority, tribunal,
board, committee, or any person or body, exercising,
purporting to exercise or failing to exercise any public
JUDICIAL REVIEW ACT
2. In this Act –
PRELIMINARY
PART I
Interpretation.
Short title.
1. This Act may be cited as the Judicial Review Act
of the Minister.
and shall come into operation on a date appointed by order
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Application for
judicial review.
power or duty conferred or imposed by the
Constitution, any written law, instrument of
incorporation, rules or bylaws of any corporate or
incorporate body or under a non-statutory scheme that
is funded out of monies appropriated by Parliament;
“decision" includes any commercial or contractual
decision made in accordance with any power or duty
conferred or imposed by the Constitution, any written
law, any instrument of incorporation, rules or bylaws of
any corporate or incorporate body or under a non-
statutory scheme that is funded out of monies
appropriated by Parliament.
3. (1) An application to the Court for relief against
an administrative act or omission shall be made by way of
an application for judicial review in accordance with this
Act and with rules of Court.
(2) The act or omission against which relief is
expectations.
(3) In considering whether an act or omission
has a public element, the Court shall have regard to the
following matters –
(a) the source of the power or duty
exercised;
(b) the nature of the power or duty
exercised;
(c) the object or purpose of the act or
omission;
(d) the consequences of the act or
omission not being amenable to
sought under subsection (1) must have a public element in the
sense that it affects public law rights, obligations or
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Persons entitled
to relief.

judicial review; and
(e) any other matter the Court sees fit to
consider.
4. (1) The Court may on an application for
judicial review grant relief in accordance with this Act –
(a) to a person whose interests are
adversely affected by an
administrative act or omission;
(b) to a person or group of persons if the
Court is satisfied that the
application is justifiable in the
public interest in the circumstances
of the case.
(2) Where a person or group of persons adversely
affected by an administrative act or omission is unable to
file an application for judicial review under this Act on
account of poverty, disability, or socially or economically
(3) Subject to section 3 (1), a person entitled,
when making an application for judicial review under
subsection (1) (b) or (2), to make the application in any
written or recorded form or manner and by any means.
5. (1) The grounds upon which the Court may grant relief by way of the remedies mentioned in this Act
include the following –
(a) that an administrative act or omission
was in any way unauthorised or
contrary to law;
for relief under this Act.
persons acting bona fide may apply under this section
disadvantaged position, any other person or group of
Grounds for relief.
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(b) excess of jurisdiction;
(c) failure to satisfy or observe conditions
or procedures required by law;
(d) breach of the principles of natural
justice;
(e) unreasonable, irregular or improper
exercise of discretion;
(f) abuse of power;
(g) fraud;
(h) bad faith, improper purposes or
irrelevant consideration;
(i) acting on instructions from an
unauthorised person;
(j) conflict with the policy of an Act;
(k) error of law, whether or not apparent
on the face of the record;
(l) absence of evidence on which a
finding or inference of fact could
reasonably be based;
(m) breach of or omission to perform a
duty;
(n) failure to satisfy or observe conditions
or procedures required by the
Constitution;
(o) breach of the principle of
proportionality;

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Appointment of
persons to
investigate.

Notice of application
in public interest.

(p) error of fact;
(q) deprivation of legitimate expectation;
and
(r) misfeasance in public office.
(2) An applicant is not limited to the grounds
set out in the application for judicial review but if the
applicant wishes to rely on any other ground not so set
out, the Court may, on such terms as it thinks fit, direct
that the application be amended to specify such other
ground, after giving any other party an opportunity to be
heard in respect of the amendment.
6. (1) Where an application is filed under section 4
(1) (b) or 4 (2), the Court may suspend the hearing of the
application for such time as it considers just, and appoint a
person or such number of persons possessing such
training or qualifications as the Court considers just and as
the circumstances warrant, to investigate the complaint or
matter and to submit a report on its finding to the Court
within such time as is specified by the Court.
(2) The report shall be made available to the
parties to the application who shall be entitled to be heard
in respect of the report and make whatever application to
the Court in respect of the report that they consider just.
7. (1) Upon the filing of an application for judicial
review under section 4 (1) (b), the Registrar shall
immediately cause notice of the application to be
published on two Sundays in any daily newspapers
circulating in Guyana.
(2) A notice under subsection (1) shall specify
the name of the applicant, the administrative act or
omission which is the subject matter of the application, the
nature of the relief being sought, and any other relevant
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matter, and invite any person with more direct interest in
the matter to file a similar application, or to apply to be
joined as a party to the proceedings, within fourteen days
of the last publication of the notice.
(3) Where an application is filed within the
time specified in subsection (2) and the Court is satisfied
that –
(a) the person applying (“the second
applicant”) has a more direct
interest in the matter than the first
applicant; and
(b) the first applicant does not possess
any special expertise or ability that
will materially enhance the
presentation of the case,
the Court may strike out the first applicant and accept the
second applicant shall not be liable to pay the costs of the
first applicant.
(4) In determining whether an application is
justifiable in the public interest the Court may take into
account any relevant factor, including –
(a) the need to exclude a mere busybody;
(b) the importance of vindicating the rule
of law;
(c) the importance of the issue raised;
(d) the genuine interest of the applicant
in the matter;
(e) the expertise of the applicant and the
application of the second applicant, but in that event the
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Remedies.
applicant’s ability to adequately
present the case; and
(f) the nature of the decision against
which relief is sought.
(5) Where an application is filed under section 4
(2), the Court shall not make an award of costs against an
unsuccessful applicant, except where the application is
held to be frivolous or vexatious.
(6) Where an unsuccessful applicant under
subsection (5) appeals the decision, the Court of Appeal
shall not make an award of costs against that appellant.
8. (1) The remedies that the Court may grant by
way of relief on an application for judicial review are –
(a) an order of certiorari, for quashing
unlawful acts;
(b) an order of prohibition, for
prohibiting unlawful acts;
(c) an order of mandamus for requiring
performance of a public duty,
including a duty to make a decision
or determination or to hear or
determine any case; or
(d) such other orders, directions or writs
as it considers, just and as the
circumstances warrant.
(2) The Court may, having regard to the scope
of the remedies mentioned in subsection (1), grant in
addition or alternatively –
(a) a declaratory judgment or an advisory
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Exhaustion of
alternative remedies.
Interlocutory
applications.
Private law
action.

declaration or a prospective
declaration;
(b) an injunction;
(c) a conservatory order, in the case of
the State;
(d) restitution of damages in money; or
(e) an order for the return of property,
immovable or movable.
(3) Any of the remedies mentioned in
subsections (1) and (2) may be applied for together or in
the alternative in an application for judicial review; and
the Court may grant one or more of them as law and
justice may require, and whether sought in the original
application or not.
9. The Court shall not refuse judicial review of a
decision where any other written law provides an
alternative procedure to question, review or appeal that
decision.
10. An interlocutory application may be made in
any application for judicial review, and the Court may
make any interlocutory order, including an order for
discovery of documents, for interrogatories and for cross-
examination, and may grant any interim relief, including
an interim injunction, interim conservatory order, and an
interim declaration, as the Court thinks fit.
11. Where the Court is of the opinion that the
application is not amendable to judicial review, the Court
may allow the proceedings to continue, with any
necessary amendments, as proceedings not governed by
this Act subject to such terms and conditions as the Court
thinks fit.
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Application to be
made party to the
proceedings.

Application in
respect of failure to
make a
decision.
12. Where the Court is of the opinion that an
13. (1) Any person who has interest in a decision
which is the subject of an application for judicial review
may apply to the Court to be made a party to the
proceedings.
(2) The Court may grant the application either
unconditionally or subject to such terms and conditions as
it thinks just or refuse the application.
14. (1) Where –
(a) a person has a duty to make a
decision to which this Act applies;
(b) there is no law that prescribes a
period within which the person is
required to make that decision; and
(c) the person has failed to make a
decision,
a person who is adversely affected by the failure may
apply for judicial review in respect of the failure on the
ground that there has been unreasonable delay in making
that decision.
(2) Where –
(a) a person has a duty to make a
decision to which this Act applies;
law action.
action into public
convert private law
Power of court to action commenced by way of writ of summons should be
by the way of application for judicial review, the Court may
give such directions and make such orders as it considers
ings governed by this Act.
just to allow the proceedings to continue as proceed-
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Reasons for
decisions.


Statement of
reasons.
(b) a law prescribes a period within
which the person is required to
make that decision before; and
(c) the person has failed to make that
decision before the expiration of that
period,
a person who is adversely affected by the failure may
apply for judicial review in respect of that failure on the
ground that the decision-maker has a duty to make that
decision, notwithstanding the expiration of that period.
15. (1) It is the duty of any person or body making
administrative decision, if requested in accordance with
this section by any person adversely affected by the
decision, to supply that person with a statement setting
out the findings on material questions of facts, referring to
the evidence or other material on which those findings
were based and giving the reasons for the decision.
(2) A request for a statement under subsection
(1) must be made on the date of giving or notification of
the decision or within fourteen days after that date.
(3) A request for a statement must be made in writing, except that where an oral hearing is held and no
reason is given for the decision, the request may be made
orally at the conclusion of the oral proceedings.
(4) In the case of postal communications, a
request shall be deemed to be made at the time when it is
posted and a notification of a decision at the time when it
reaches the addressee.
16. (1) A statement, requested under section 15
shall –
(a) be in writing;

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Stay of proceedings.
Interim

(b) be supplied with a reasonable time;
(c) be deemed to be part of the decision
and to be incorporated in the record;
and
(d) shall not include any confidential
information regarding the personal
or business affairs of anyone other
than the person seeking the
statement.
PART III
MISCELLANEOUS
17. The Court may at any stage direct that
proceedings to which an application for judicial review
relates shall be stayed until further order on any terms and
conditions as the Court may direct.
18. (1) Where a person brings proceedings
alleging that another person is not entitled to act in an
office to which this section applies, the Court may –
(a) grant an injunction or a conservatory
order in matters against the State
restraining that other person from so
acting; and
(b) if the case so warrants, declare the
office to be vacant.
(2) This section applies to –
(a) a public office;
(b) an office created by any written law;
acting in office.
persons from
to restrain
Injunction
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Natural justice.

Power to remit.



Right to appeal.

(c) an office in which the public has an
interest; and
(d) any other office as the Court considers
it is in the public interest to grant
relief.
(3) Information in the nature of quo warranto are
hereby abolished.
19. Any person or body in the exercise of an
administrative act, to which this Act applied, shall
perform that act in accordance with the principles of
natural justice or fairness.
20. Where on an application for relief against an
administrative act or omission, the Court is satisfied that
the applicant is entitled to relief under section 8, it may in
addition or instead of granting any other relief, remit the
matter to the Minister, public body, public authority,
tribunal, board committee, person or body concerned with
a direction to reconsider and determine, either generally
or in respect of any specified matters, the whole or any
part of it, in accordance with the Court’s order.
21. The Court may, if it thinks fit, refuse to grant
any relief under this Act if it considers that there has been
undue delay in making the application for judicial review,
and that the grant of the relief sought would cause
substantial hardship to, or would substantially prejudice
the rights of, any person, or would be detrimental to good
administration.
22. Notwithstanding anything in any other written
law, there shall be a right of appeal from a judge of the
Court in any application, including one arising from a
criminal cause or matter, to the Court of Appeal.
to refuse relief.
Power of Court
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23. This Act binds the State.
_________________
State.
Act binds the
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