By Evarist Baimu Nyaga Mawalla - Home

Patman Garments Industries Limited have challenged this revocation and havecome before this court seeking a remedy. But can this court interfere with thePresident’s decision in this matter?The learned trial judge answered the question posed in the affirmative. He said:But then the question poses. Can it be questioned in cout? Professor de Smithsays at pp.61-62 of his book (Judicial Review of Administrative Action) that: “Thevalidity of the exercise of Ministerial or Administrative powers affecting the legalinterests of an individual is always open to challenge in the courts (no matter thestatus of the person who exercises those powers) unless the review has beenexcluded, directly or indirectly, by the relvant legislation. If the exercise of thepowers is predicted on findings of law or facts, the correctness of those findingsmay be impugned directly or in any appropriate form of collateral proceedingse.g., by resisting an action for a declaration that the order is nuil and void, and bysuing the actor for a civil wrong.Now there is nothing in that subsection to show that judicial review has beenexcluded and I think therefore, that the court can properly review an order madeunder that provisions and where it is established that the order made was madeimproperly or mistakenly the court can declare it null and void.With respect, we think the learned trial judge is correct in saying that courts havepower, which they have always had, to review administrative action which ischallenged before them. While his discussion on the power of the courts toreview administrative action was made with reference to executive functions of641