ADMINISTRATIVE JUSTICE ACT

CHAPTER 490

ADMINISTRATIVE JUSTICE ACT

To provide for Administrative Justice in Malta.

15th June, 2007;

1st January, 2009

ACT V of 2007, as amended by Legal Notices 246, 334 of 2009, 337 of

2010; Act VI of 2011; Legal Notices 326 of 2011, 402 of 2012, 163, 443 of

2013; Act IV of 2016 and Legal Notices 5 of 2018, 9 of 2019 and Acts VII

and XVII of 2022 and XXXIII of 2023 and XVII , XVI and XIX of 2024 and

Legal Notices 191 ,266, 282 , 313, 314, 315 , 316, 335, 336 and 375 of

2024 and 81, 83, 94, 191, 208,222 ,226 and 271 of 2025, Act XXXVIII of

2025 and Legal Notice 5,and 104 of 2026.

The short title of this Act is the Administrative Justice Act.

PART I

Preliminary Provisions

VI. 2011.167; 

[Article 4]

L.N. 326 of 2011; 

XVII.2024.15.

List of Administrative Tribunals Respecting the Principle of Good Administrative

Behaviour

Part A - Primary Legislation

Chapter

Name of Law

Provision

Name of Administrative Tribunal

Number

Number

Marriage Legacies Act

Commission

Lepers Ordinance

2(8)

Board

Reletting of Urban Property

Rent Regulation Board

(Regulation) Ordinance

Utilities & Services

Refers to the Communications Appeal

(Regulation of certain works)

Board established by the Malta

Act

Communications Authority Act

Agricultural

Produce

Board of Reference (set up under

(Export) Ordinance

subsidiary legislation SL 85.01

regulation 27)

Land Acquisition Public

Land Arbitration Board

Purposes Ordinance

Department of Health

General Services Board

(Constitution) Ordinance

Developed Land Valuation

Board of Special Commissioners for

Ordinance

Land Valuation

Supplies and Services Act

3(1)(e) B o a r d s o r Tr i b u n a l s s e t u p u n d e r

subsidiary legislation to take cognisance

of offences

Housing Act

8(6) and Refers to Rent Regulation Board

12(1)

Police Act

Police Board

Port Workers Ordinance

10 and 12 Ports Disputes Board

Enemy Property Act

Board of Custodians

Agricultural

Leases

Rural Leases Control Board

(Reletting) Act

Central Bank of Malta Act

36A

Financial Services Tribunal

Disabled

Persons

Appeal to the ‘authority’ set up under

Employment Act

subsidiary legislation

Public Transport (Regulation

P u b l i c Tr a n s p o r t L a b o u r B o a r d

of Employment) Act

established by article 30 of the Malta

Transport Authority Act

Immigration Act

25A

Immigration Appeals Board

Civil Aviation (Air Operators

Aviation Safety Board

Certificate) Act

Post Office Act

Communications Appeals Board

Mental Health Act

Mental Health Review Tribunal

Building (Price Control) Act

Building Price Control Tribunal

Commissioners for Justice

Commissioners for Justice

Act

Partition of Inheritances Act

Partition of Inheritances Tribunal

Chapter

Name of Law

Provision

Name of Administrative Tribunal

Number

Number

Social Security Act

107 and Umpire

Business Promotion Act

Appeals Board

Education Act

Scholastic Tribunal

Malta Financial Services

Financial Services Tribunal

Authority Act

Trusts and Trustees Act

Financial Services Tribunal

Malta Transport Authority

Public Transport Labour Board

Act

Malta Freeports Act

29(2)

Appeals Board constituted under article

28 of the Business Promotion Act

Import Duties Act

Customs Valuations Appeals Board

Employment and Tr aining

National Employment Authority

Services Act

Financial Markets Act

Financial Services Tribunal

Development Planning Act

Planning Appeals Board

Duty on Documents and

Board of Special Commissioners for

Transfers Act

Duty on Documents and Transfers

Investment Services Act

Financial Services Tribunal

Banking Act

Financial Services Tribunal

Income Tax Management Act

Board of Special Commissioners for

Income Tax purposes

Financial Institutions Act

Financial Services Tribunal

Consumer Affairs Act

Consumer Claims Tribunal

Small Claims Tribunal Act

Small Claims Tribunal

Controlled Companies

Appeals Board

(Procedures for Liquidations)

Act

Private Guards and

Commissioner

Community Officers Act

Customs and Excise Tax Act

Excise Tax Tribunal

Electronics Communications 

Communications Appeals Board

(Regulation) Act

Insurance Business Act

Financial Services Tribunal

Value Added Tax Act

Value Added Tax Appeals Board

Mal ta Tr avel and Tourism

Tourism Appeals Board

Services Act

International Protection Act

International Protection Appeals

Tribunal

Occupational Health and

Occupational Health and Safety Appeals

Safety Authority Act

Board

Environment Protection Act

Appeal to the Planning Appeals Board

established under Cap.356

Wine Act

Appeals Board

Data Protection Act

Data Protection Appeals Tribunal

Trading Licences Act

Licensing Appeals Board

Co-operative Societies Act

Co-operatives Board

Producer Organisations Act

Producer Organisations Appeals Board

Chapter

Name of Law

Provision

Name of Administrative Tribunal

Number

Number

Special Funds (Regulation)

Financial Services Tribunal

Act

Mutual Recognition of

Mutual Recognition of Qualifications

Qualifications Act

Appeals Board

Employment and Industrial

Industrial Tribunal

Relations Act

Sports Act

Sports Appeals Board

Medicines Act

Appeal to the Medicines Review Board

from findings of the Medicines

Authority

Eco-Contribution Act

Eco-Contribution Appeals Board

Prevention of Financial

Financial Services Tribunal

Markets Abuse Act

Securitisation Act

19(14) Financial Services Tribunal

Insurance Intermediaries Act

Financial Services Tribunal

.

Repealed by Act XV of 2009.

Part B - Subsidiary Legislation

Subsidiary

Name of Subsidiary Law

Provision Name of Administrative Tribunal

Legislation/

Number

Legal Notice

Number

GN 430 of 28 C i n e m a

and

Stage

Board of Film and Stage Censors

September Regulations

SL 33.04

Civil Explosives Regulations Second This regulation states that provision

Schedule, must be made for an appeal

paragraph

5 of 1.

Module B

SL 85.01

Potato Export Regulations

Board of Reference

SL 128.02 L i c e n c e s

Procedures

Police Licences Appeals Tribunal

Regulations

SL 174.02 Public Service

Public Contracts Appeals Board

(Procurement) Regulations

SL 174.04 P u b l i c

Procurement

Public Contracts Review Board

Regulations

SL 254.12 P o s t a l S e r v i c e s A p p e a l s

-

Postal Services Appeals Board

Board (Rules of Procedures)

Regulations

SL.260.03 Prison Regulations

Appeals Tribunal

SL 291.04 Petitions (Local Tribunals)

Petitions Board

Regulations

SL 327.85 Assessment Test Regulations

University Disciplinary Board

SL 458.23 Licensing of Private Medical

5(2)

Tribunal

Clinics Regulations

SL 458.25 Licensing of Private Medical

5(2)

Tribunal appointed under regulation

Diagnostic Laboratories

5(2) of the Licensing of Private

Regulations

Medical Clinics Regulations (SL

458.23)

Subsidiary

Name of Subsidiary Law

Provision Name of Administrative Tribunal

Legislation/

Number

Legal Notice

Number

SL 499.32 Placing of Billboards and

9A

Authority for Transport in Malta

Advertising on the Road

Regulations

Amended by: 

In this Act, unless the context otherwise requires -

"administrative act" includes the issuing by the public

administration of any order, licence, permit, warrant, authorisation,

concession, decision or a refusal to any demand of a member of the

public, but does not include any measure intended for internal

organisation or administration within the said public

administration;

"Administrative Review Tribunal" means the Administrative

Review Tribunal established by article 5(1);

"administrative tribunal" means a tribunal listed in the First

Schedule;

"the Minister" means the Minister responsible for justice;

"p rinciples of g ood admi nist rative behaviour" means t he

principles of good administrative behaviour listed in Part II of this

Act;

"public administration" means the Government of Malta,

including its Ministries and departments, local authorities and any

body corporate established by law;

"the Secretary" means the Secretary of the Administrative

Review Tribunal.

PART II

Administrative Tribunals

L.N. 246 of 2009; 

Competence of the Court of Appeal

L.N. 334 of 2009; 

L.N. 337 of 2010; 

L.N. 402 of 2012; 

L.N. 163 of 2013; 

L.N. 443 of 2013; 

L.N. 9 of 2019; 

VII.2022.71; 

XVII.2022.33; 

XXXIII.2023.20; 

XVII.2024.16; 

XIX.2024.57; 

L.N. 191 of 2024; 

XVI.2024.45; 

L.N. 266 of 2024. 

L.N. 282 of 2024; 

L.N. 313 of 2024; 

L.N. 314 of 2024; 

L.N. 315 of 2024; 

L.N. 316 of 2024; 

L.N. 335 of 2024; 

L.N. 336 of 2024; 

L.N. 375 of 2024; 

L.N. 81 of 2025. 

L.N. 83 of 2025; 

L.N. 94 of 2025; 

L.N. 191 of 2025; 

L.N. 208 of 2025; 

L.N. 222 of 2025; 

L.N. 226 of 2025; 

L.N. 271 of 2025; 

XXXVIII.2025.15. 

L.N. 5 of 2026; 

L.N. 104 of 2026.

[Article 22 (2)]

Title of Law

Reference Number

Competence of the

of the Law

Court of Appeal

Spirits Ordinance

Cap 41

Inferior Competence

Lepers Ordinance

Inferior Competence

Agricultural Produce (Export) Ordinance

Inferior Competence

Supplies and Services Act

Inferior Competence

Income Tax Act

Inferior Competence

Enemy Property Act

Inferior Competence

Accountancy Profession Act

Inferior Competence

Inġiniera Act

Inferior Competence

Education Act

Inferior Competence

Import Duties Act

Inferior Competence

Title of Law

Reference Number

Competence of the

of the Law

Court of Appeal

Duty on Documents and Transfers Act

Inferior Competence

where the total amount of

duty payable in dispute at

the time when the appeal

was lodged before the

Tribunal is less than one

million and one hundred

and sixty-five thousand

euro (€1,165,000); and

Superior Competence

where the total amount of

duty payable in dispute at

the time when the appeal

was lodged before the

Tribunal is of one million

and one hundred and

sixty-five thousand euro

(€1,165,000) or more

Income Tax Management Act

Superior Competence

where the total amount of

tax, additional tax, fines

and interest in dispute at

the time when the appeal

was lodged before the

Administrative Review

Tribunal or the Board of

Special Commissioners,

as the case may be, is of

one million and one

hundred and sixty-five

thousand

euro

(€1,165,000) or more; and

Inferior Competence

where the total amount of

tax, additional tax, fines

and interest in dispute at

the time when the appeal

was lodged before the

Administrative Review

Tribunal or the Board of

Special Commissioners,

as the case may be, is less

than one million and one

hundred and sixty-five

thousand

euro

(€1,165,000)

Excise Duty Act

Superior Competence in

Proceedings related to the

Seizure of Goods

Periti Act

Inferior Competence

Malta Communications Authority Act

Inferior Competence

Fisheries Conservation and Management Act

Inferior Competence

Wine Act

Inferior Competence

Animal Welfare Act

Inferior Competence

Co-operatives Societies Act

Inferior Competence

Lands Authority Act

Inferior Competence

Government Lands Act

Inferior Competence

Gaming Act

Inferior Competence

Title of Law

Reference Number

Competence of the

of the Law

Court of Appeal

Malta Digital Innovation 

Inferior Competence

Authority Act

Climate Action Act

Superior Competence

Agriculture Act

Inferior Competence

Customs Ordinance

Superior Competence in

Proceedings related to the

Seizure of Goods

Registration and Warranting of Sign

Inferior Competence

Language Interpreters Act

Regulator for Energy and Water Services Act

Superior/Inferior

Competence

Cinema and Stage Regulations

Inferior Competence

Civil Explosives Regulations

Inferior Competence

Importation of Dogs and Cats Regulations

Inferior Competence

Motor Vehicles (Carriage of Goods By Road)

Inferior Competence

Regulations

National Malta Library Regulations

Inferior Competence

Malta Public Library Regulations

Inferior Competence

Control of the Sale of Eggs Regulations

Inferior Competence

Control of Kerosene Regulations

Inferior Competence

Exemption from Motor Vehicles Registration

Inferior Competence

Tax Rules

Registration and Licensing of Motor Vehicles

Inferior Competence

Regulations

Airport (Groundhandling Services)

Inferior Competence

Regulations

Conservation of Wild Birds Regulations

Inferior Competence

Cybersecurity Certification Regulations

Inferior Competence

Data Governance Regulations

Inferior Competence

Innovative Technology Arrangements and

Inferior Competence

Services (ITAS) Certification Regulations

Electricity Connection and Supply

Superior/Inferior

Regulations

Competence

Data Centres (Sustainability Reporting

Superior/Inferior

Obligations) Regulations

Competence

European Union Greenhouse Gas Emissions

Superior/Inferior

Trading System for Stationary Installations

Competence

Regulations

European Union Greenhouse Gas Emissions

Superior/Inferior

Trading System for Aviation

Competence

European Union Greenhouse Gas Emissions

Superior/Inferior

Trading System for Buildings, Road

Competence

Transport and Additional Sectors

Regulations

European Union Greenhouse Gas Emissions

Superior/Inferior

Trading System for Maritime Transport

Competence

Regulations

Manufacture, Placing on the Market and Use

Inferior Competence

of Medicated Feed Rules

Private Veterinary Establishments

Superior/Inferior

(Licensing) Regulations

Competence

Title of Law

Reference Number

Competence of the

of the Law

Court of Appeal

Veterinary Medicinal Products Regulations

Superior/Inferior

Competence

Veterinary Pharmacy Regulations

Superior/Inferior

Competence

Trade in Equidae intended for Competitions

Superior/Inferior

and Conditions for Participation Regulations

Competence

Methods of Sampling and Analysis for the

Superior/Inferior

Control of Levels of Dioxins, Dioxin-like

Competence

PCBs and Non-dioxin-like PCBs in Certain

Foodstuffs Rules

Marketing of Maltese Agricultural Produce

Inferior Competence

and Maltese Agricultural Marketing Centres

Regulations

Protection of Animals Offered in Pet Shops

Inferior Competence

(Minimum Standards) Regulations

Fair Access to and Use of Data Regulations

Inferior Competence

Fair Access to and Use of Data Regulations

Inferior Competence

Artificial Intelligence Regulations

Inferior Competence

Resilience of Critical Entities and

Inferior Competence

Infrastructures (Identification, Designation

and Protection) Order

Autonomous Small Buses Trials Regulations

Inferior Competence

Online Dispensing of Medicinal Products to

Superior/Inferior

Third Countries from Free Zones and Customs

Competence

Authorised Warehouses Regulations

(1) In their relations with the public, administrative

tribunals shall respect and apply the principles of good

administrative behaviour laid down in this Part of this Act.

(2) The principles of good administrative behaviour include the

following

(a) an administrative tribunal shall respect the parties’

right to a fair hearing, including the principles of

ADMINISTRATIVE JUSTICE

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, procedural 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 shall 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 proceedings have access to these

documents and information;

(e) proceedings before an administrative 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 and legal issues relevant to

the case presented by the parties in terms of the

applicable law;

(g) save as otherwise provided by law, the proceedings

before an administrative tribunal shall be conducted in

public;

(h) reasons shall be given for the judgment. An

administrative tribunal shall indicate, with sufficient

clarity, the grounds on which it bases its decisions.

Although it shall not be necessary 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 specific and express response.

The Minister may make regulations to implement and to

give better effect to the provisions of this Part of this Act and may,

without prejudice to the generality of the foregoing

(a) establish the date of entry into force of the provisions

of this Part with regard to any administrative tribunals

referred to in the First Schedule that the Minister may

by regulations specify;

(b) make such amendments, alterations, deletions, repeals,

corrections, changes and modifications to any primary

law or subsidiary law for the purpose of bringing such

primary law or subsidiary law in conformity with the

provisions of this Part of this Act and may from time

to time update the list of administrative tribunals listed

in the First Schedule.

PART III

The Administrative Review Tribunal

(1) There shall be set up in accordance with the provisions

of this Part of this Act, an independent and impartial tribunal, to be

known as the Administrative Review Tribunal, for the purpose of

reviewing administrative acts referred to it in accordance with this

Act or any other law, and for the purpose of exercising any other

jurisdiction conferred on the Administrative Review Tribunal by or

under this or any other law, whether before or after the coming into

force of this Act.

(2) The Administrative Review Tribunal shall not have a

general jurisdiction to review administrative acts which are

reviewable under article 469A of the Code of Organization and

Civil Procedure but it shall have jurisdiction to review those

administrative acts as may be prescribed in or under this Act or any

other law granting jurisdiction to the Administrative Review

Tribunal over any class of administrative acts.

The Administrative Review Tribunal shall comply with the

principles of good administrative behaviour laid down in article 3.

(1) The Administrative Review Tribunal shall be

competent to review administrative acts of the public

administration on points of law and points of fact.

(2) Subject to the provisions of article 5 and where a special

law confers jurisdiction to the Administrative Review Tribunal and

unless any provision of the law does not provide for any time limit

for the filing of an action for review by the Administrative Review

Tribunal, an action to review administrative acts of the public

administration under this Act shall be filed within a period of six

months from the date when the interested person becomes aware or

could have become aware of such an administrative act, whichever

is the earlier.

(1) The Administrative Review Tribunal shall consist of a

Chairperson who shall preside over the Tribunal.

(2) The President of Malta, acting on the advice of the Prime

Minister, may appoint more than one Chairperson to sit on the

Administrative Review Tribunal, but only one Chairperson shall sit

in any one case.

(3) A Chairperson who is an ex-Judge or an ex-Magistrate shall

be appointed for a term of four years and shall vacate his or her

office at the expiration of the term of the said appointment.

(4) A Chairperson shall be a person who holds, or has held, the

office of a judge or of a magistrate in Malta.

(5)

During the tenure of office, a Chairperson may not be

removed except in the same manner and on the same grounds as a

magistrate may be removed.

(6) In the exercise of his or her function, a Chairperson shall

not be subject to the direction or control of any other person or

authority.

(7) Upon his or her appointment, a Chairperson shall take an

oath to examine and decide the cases brought before him or her

with impartiality, fairness and according to law. The oath shall be

taken before the Court of Appeal.

(8) The warrants or orders of the Administrative Review

Tribunal shall be signed by the Chairperson.

(9) The oath to the witnesses shall be administered by the

Chairperson or by the Secretary of the Administrative Review

Tribunal or such other person as the Chairperson may by order in

writing appoint.

(10) A Chairperson shall receive such remuneration as the

President of Malta, acting on the advice of the Prime Minister, may

by order to be published in the Gazette from time to time prescribe.

Such remuneration may not be altered to the disadvantage of a

Chairperson during his or her period of office.

(1) The President of Malta, acting on the advice of the

P r i m e M i n i s t e r, m a y b y o r d e r e s t a b l i s h s e c t i o n s o f t h e

Administrative Review Tribunal and may designate the categories

of cases to be assigned to each section; and may by subsequent

order amend, revoke or substitute such order.

(2) The President of Malta, acting on the advice of the Prime

Minister, shall assign a Chairperson or such Chairpersons to sit in

the Administrative Review Tribunal or in a section or such number

of sections of the Administrative Review Tribunal and may transfer

a Chairperson from one section of the Administrative Review

Tribunal to another.

(3) The provisions of the Code of Organization and Civil

Procedure regarding the abstention and challenge of magistrates

shall apply to the abstention and challenge of a Chairperson.

(4) When a Chairperson has been objected to or has abstained

from sitting, or is otherwise unable to act, another Chairperson

shall be surrogated in his or her stead by the President.

(1) In proceedings before it, the Administrative Review

Tribunal shall be assisted by two assistants, appointed under this

article, whom the Administrative Review Tribunal may consult in

any case for its decision.

(2) Such consultation shall take place in open court or in

camera and the Administrative Review Tribunal shall not be bound

to abide by the opinion of the assistants.

(3) The two assistants shall be appointed by the President of

Malta, acting on the advice of the Prime Minister from amongst

persons who, in the Prime Minister ’s opinion, have previous

experience and special qualifications in a particular field of

expertise falling within the competence of the Administrative

Review Tribunal.

(4) The President of Malta, acting on the advice of the Prime

Minister, may appoint panels of assistants depending on the subject

matter of the dispute and the Secretary shall select two assistants

from each panel for each case.

(5) The President of Malta, acting on the advice of the Prime

Minister may, from time to time, add to or vary such order to

include, remove, fuse together or change existing panels as the case

may be.

(6) The President of Malta, acting on the advice of the Prime

Minister, may at any time, appoint more than two persons on each

panel as assistants of the Administrative Review Tribunal, but only

two such persons from each panel shall assist the said Tribunal in

any one case.

(7) The office of an assistant of the Administrative Review

Tribunal shall become vacant

(a) at the expiration of four years from the date of

appointment unless such appointment is renewed for a

period or further periods of four years; or

(b) following removal from office in the same manner and

on the same grounds as a magistrate may be removed

from office; or

(c) following a written request addressed to the Prime

Minister to that effect by such assistant.

(8) The assistants of the Administrative Review Tribunal may

abstain or be challenged in the same manner and on the same

grounds as, according to law, a magistrate may abstain or be

challenged. Any question regarding any cause of abstention or

challenge shall be decided by the Chairperson.

(9) In the exercise of his or her function, an assistant of the

Administrative Review Tribunal shall not be subject to the

direction or control of any other person or authority other than the

Chairperson of the Administrative Review Tribunal.

(10) Upon appointment, an assistant of the Administrative

Review Tribunal shall take an oath of office. The oath shall be

taken before the Chairperson.

(11) An assistant of the Administrative Review Tribunal shall

receive such remuneration as the President of Malta, acting on the

advice of the Prime Minister, may by order to be published in the

Gazette from time to time prescribe. Such remuneration may not be

altered to the disadvantage of an assistant during his or her period

of office.

(1) The Administrative Review Tribunal shall hold

sittings in Malta and in Gozo at such regular intervals as may be

necessary to expedite its business. The day and time of each sitting

shall be determined by the Chairperson.

(2)

The Minister shall, by notice in the Gazette, determine the

buildings where the Administrative Review Tribunal shall sit in

Malta and in Gozo.

(3) Unless otherwise exempted by the Chairperson, assistants

of the Administrative Review Tribunal shall attend for all sittings

of the said Tribunal.

(1) The Minister may by regulations establish the Registry

of the Administrative Review Tribunal and the functions thereof,

and by the same regulations may also appoint such officers as may

be necessary for the operation of the said Tribunal. All the records

of the Administrative Review Tribunal shall be filed in the Registry

referred to in this subarticle.

(2) The records of the Administrative Review Tribunal shall be

accessible to all persons, and copies thereof shall be given on

payment of the prescribed fee to any person on request.

(3) The records of the Administrative Review Tribunal shall be

deposited and kept in such archives as may be designated by the

Minister by regulations made under this article.

(1) The Secretary to the Administrative Review Tribunal

shall be responsible for the running of the Registry. The Secretary

shall also perform any other duty which may be incumbent upon

him or her under this Act or any rules made thereunder.

(2) The duties of the Secretary shall be carried out in

accordance with the provisions of the Code of Organization and

Civil Procedure.

(1) The parties may appear before the Administrative

Review Tribunal in person or be represented through an advocate, a

legal procurator or another person.

(2) The parties may be assisted by an advocate, a legal

procurator or by another person.

(1) The provisions of articles 21, 22 and 23 of the Code of

Organization and Civil Procedure shall apply before the

Administrative Review Tribunal.

(2) Proceedings before the Administrative Review Tribunal

shall be commenced by the filing of an application. The applicant

shall file an application in the Registry of the Administrative

Review Tribunal. The said application shall contain

(a) a clear and correct statement of the subject-matter and

the cause of the claim;

(b) the claim or claims;

(c) a clear and detailed statement of the facts of the case

of which the applicant may be aware;

(d) the name of witnesses the applicant intends to produce,

including the subpoena of the other party, stating in

respect of them the proof the applicant intends to

establish by their evidence; and

(e) the remedy being requested, with costs against the

public administration.

(3) The application shall be served on the public administration

not later than five working days from its date of filing. The

provisions of article 3 in so far as they concern the expeditiousness

of proceedings shall be observed in so far as the reply is concerned.

(4) The public administration shall file the reply within twenty

days from the date of service of the application, unless it intends to

admit the claim.

(5) When the public administration intends to admit the claim,

wholly and unconditionally, it shall file a note to that effect. Once

the applicant declares, by means of a note filed within twenty days

from service of the public administration’s admission of claim, that

he is satisfied with the remedy granted by the public

administration, the Tribunal shall abstain from taking further

cognizance of the case.

(6) If the applicant is not satisfied with the remedy granted by

the respondent, whether in full or in part, or if the public

administration intends to contest the claim wholly and

unconditionally, the public administration shall file a reply

containing

(a) any such pleas as would be taken to be waived if not

raised before the contestation of the suit;

(b) a clear and correct statement of the pleas on the merits

of the claim or claims and referring to the provisions

of the law in terms of which the decision was taken;

(c) a clear and detailed statement of facts of the case of

which the public administration is aware, denying,

admitting or explaining the circumstances of fact set

out in the applicant’s application;

(d) the name of the witnesses which the applicant intends

to produce, including the subpoena of the other party,

stating in respect of each of them the proof he/she

intends to establish by their evidence;

(e) a request that the public administration be non-suited

with costs against the applicant.

(7) Where the claim is contested, the Tribunal shall appoint the

case for hearing.

(8) The Tribunal shall, subject to the provisions of this Act or

any other applicable law regulating the Tribunal’s procedure,

regulate its own procedure.

(1) The Minister may make regulations to implement and

to give better effect to the provisions of this Part of this Act and

may, without prejudice to the generality of the foregoing, establish

the date of entry into force of the provisions of this Part of this Act

with regard to the public administration and administrative

tribunals that the Minister may by regulations specify.

(2) The Minister may also make regulations for the better

functioning of the Administrative Review Tribunal and may,

without prejudice to the generality hereof, make regulations

(a) setting out the procedure before the Administrative

Review Tribunal;

(b) setting out the procedure in appeals from the decisions

of the Administrative Review Tribunal;

(c) establishing the forms that are to be used in

proceedings before the Administrative Review

Tribunal;

(d) establishing the forms that are to be used in

proceedings in appeals from the Administrative

Review Tribunal;

(e) establishing rates of costs in proceedings before the

Administrative Review Tribunal;

(f)

establishing the fees that may be due to the Registry of

the Administrative Review Tribunal;

(g) establishing the fees that may be due to advocates,

legal procurators and other persons representing or

appearing before the Administrative Review Tribunal;

(h) setting out the duties of Secretary in relation to the

Administrative Review Tribunal;

(i)

establishing which provisions of the Code of

Organization and Civil Procedure, if any, not

mentioned in this Act, are to apply to the procedure

before the Administrative Review Tribunal;

(j)

prescribing anything that may or is to be prescribed in

accordance with this Part of this Act.

The service of judicial acts in terms of this Part of this Act

shall be carried out in such manner as is provided for the service of

judicial acts in the Code of Organization and Civil Procedure,

unless the Minister shall, by regulations made under this article,

otherwise provide.

The provisions of the Code of Organization and Civil

Procedure relating to the benefit of legal aid shall apply to parties

to proceedings before the Administrative Review Tribunal, being

persons entitled to such benefit within the meaning of those

provisions.

The expenses in connection with the administration of the

Administrative Review Tribunal and the remuneration due to the

Chairperson and the assistants of the panel, shall be paid out of the

Consolidated Fund without the necessity of any further

appropriation.

(1) The Administrative Review Tribunal shall have all

such powers as are, by the Code of Organization and Civil

Procedure, vested in the First Hall of the Civil Court.

(2) The enforcement of the decisions of the Administrative

Review Tribunal in the manner provided for in the Code of

Organization and Civil Procedure, shall vest in the Administrative

Review Tribunal itself.

(3) The Administrative Review Tribunal may, through its

Chairperson, summon any person to appear before it and give

evidence and produce documents, and the Chairperson shall have

the power to administer the oath.

The Minister may make regulations to implement and to

give better effect to the provisions of this Part of this Act and may,

without prejudice to the generality of the foregoing make such

amendments, alterations, deletions, repeals, corrections, changes

and modifications to any law or regulation for the purpose of

bringing such law or regulation in conformity with the provisions

of this Part of this Act.

PART IV

Appeals from decisions of the Administrative Review Tribunal

(1) Any party to the proceedings before the

Administrative Review Tribunal who feels aggrieved by a decision

of the said Tribunal, may appeal to the Court of Appeal sitting

either in its superior or in its inferior jurisdiction.

(2) The Court of Appeal competent to hear and determine an

appeal from a decision of the Administrative Appeals Tribunal

shall be that established in the Second Schedule

Provided that the Minister may make regulations to

implement and to give better effect to these provisions of this Part

of this Act and may, without prejudice to the generality of the

foregoing, make such amendments, alterations, deletions, repeals,

corrections, changes and modifications to the Second Schedule and

to any primary law or subsidiary law for the purpose of bringing

such Schedule or primary or subsidiary law in conformity with the

provisions of this Part of this Act and may from time to time add

any other reference to legislation to the Second Schedule which is

not mentioned in the said Second Schedule.

(3) Such appeal shall be brought before the Court of Appeal by

means of an application filed in the Registry of that court within

twenty days from the day on which the decision of the court was

delivered.

(4) The said application of appeal shall be accompanied

together with the payment of an all inclusive Registry appeal fee as

may be prescribed by the Minister responsible for justice in

consultation with the Minister responsible for finance. Such fee

shall cover all Registry fees, including those taxed by the Registrar,

Civil Courts and Tribunals, when final judgement is read out in

open court.

(5) When there are two parties, the appeal shall be lodged in

duplicate by means of an application. Where there are more than

two p arties to an appeal b efore t he Adm inistrative Revi ew

Tribunal, the application of appeal shall be lodged in such number

of copies as there are parties to that appeal.

(6) The application of appeal shall be filed in the competent

Registry in terms of the Code of Organization and Civil Procedure.

(7)

The Registrar, Civil Courts and Tribunals, shall, on receipt

of the application of appeal, serve a copy of the said application of

appeal on the other party or parties.

(8) The respondent or respondents shall file their reply to the

appeal within twenty days of service of the appeal. Such replies

shall be accompanied together with the payment of an all inclusive

Registry fee as may be prescribed by the Minister responsible for

justice in consultation with the Minister responsible for finance.

Such fee shall cover all Registry fees, including those taxed by the

Registrar, Civil Courts and Tribunals, when final judgement is read

out in open court.

(9) When an appeal is lodged to the Court of Appeal as

aforesaid, that appeal and the reply or replies thereto shall be

referred by the Registrar, Civil Courts and Tribunals, to the Court

of Appeal.

(1) The Court of Appeal shall have the power, in its

judgement, to confirm, revoke or alter the decision appealed

against and to give such directions as it may deem appropriate.

(2) The provisions regulating the Court of Appeal in the Code

of Organization and Civil Procedure shall apply to the Court of

Appeal when hearing appeals from decisions of the Administrative

Appeals Tribunal.

(3) Subject to the foregoing provisions and of any applicable

law, the Court of Appeal shall regulate its own procedure.

PART V

Miscellaneous Provisions

(1) On the entry into force of Parts III and IV of this Act,

all pending proceedings before those persons, bodies or

administrative tribunals which were competent prior to the coming

into force of article 25 shall be assigned to the Administrative

Review Tribunal for determination and shall be regulated by the

provisions of the said Parts III and IV of this Act; and the Minister

may establish different dates for the entry into force of Parts III and

IV of this Act with regard to the different persons, bodies or

administrative tribunals referred to in article 25.

(2) Nothing in subarticle (1) shall invalidate any procedure

whether written or oral which may have been made before the

coming into force of this Act and which was valid according to the

law in force on the date when made.

(3) The Administrative Review Tribunal shall draw up and

deliver such decrees which might be necessary to regulate those

undecided proceedings which hitherto were pending before the

persons, bodies and administrative tribunals mentioned in

subarticle (1) prior to the date of entry into force of this article and

which have on the date of the entry into force of this article been

assigned to the Administrative Review Tribunal so that the latter

may bring these proceedings in line with the provisions of Part III

of this Act

Provided that, notwithstanding the provisions of this

article, proceedings pending before the persons, bodies and

administrative tribunals mentioned in subarticle (1) which have

been put off for judgment or for final oral or written submissions

on the date of the entry into force of this article, shall continue to

be heard and decided by those persons, bodies and administrative

tribunals and not by the Administrative Review Tribunal.

(4) Without prejudice to the generality of subarticle (1), one or

more of the Chairpersons ordinarily sitting in the Administrative

Review Tribunal or in a section or sections thereof, shall take

cognizance of all proceedings pending before the persons, bodies or

administrative tribunals mentioned in that subarticle which are

reassigned to the Administrative Review Tribunal. The Secretary of

the Administrative Review Tribunal shall ensure that all pending

proceedings lodged from decisions of the public administration

hitherto being heard by any person, body or administrative tribunal

mentioned in subarticle (1) are referred to the section of the

Administrative Review Tribunal which would be taking cognizance

of the said proceedings.

(5) Appeals lodged to the Court of Appeal from any decision of

any person, body or administrative tribunal prior to the entry into

force of article 25 shall continue to be heard by the said Court until

t h e y ar e s o d e t e r m i n e d , a n d t h e p r o v i s i o n s o f t h e Co de o f

Organization and Civil Procedure shall continue to apply thereto.

(1) This provision shall have effect subject to the

provisions of article 24.

(2) The Administrative Review Tribunal shall henceforth have

jurisdiction in lieu of the persons, bodies and administrative

tribunals mentioned in the laws listed in the Third Schedule * prior

to the entry into force of this article.

*Omitted under the Statute Law Revision Act, 1980. Amendments therein have been

inserted in the relative legislation.

Amended by:| 