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A CASE REVIEW OF DR. LUDWIG SONDASHI v ATTORNEY GENERAL (2000) ZR 123 (SC)

The holding in the case provides an overview of judicial review, more especially the role of the court in relation to executive powers.
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By: Kachana Katazo

9th, March, 2024


INTRODUCTION 

The holding in the case of Dr. Ludwig Sondashi v Attorney-General (2000) ZR 123 (SC) has several implications regarding the role of the court in relation to the executive and the requirement for exhaustion of remedies in judicial review. Firstly, the holding emphasizes the importance of legislative intent in determining the boundaries of executive powers. if the legislature has clearly and explicitly assigned certain matters exclusively to the executive branch, the court has no role in interfering with or reviewing those decisions.  Let's discuss these implications:

BRIEF FACTS

By originating summons the appellant, Dr. Sondashi; applied to the High Court to seek a declaration that the decision by the Minister of Home Affairs rejecting his application to operate a firearms dealer’s business at Stand No. 942 Solwezi, North Western Province, was contrary to Sections 26(2) and 27(3) of the Firearms Act, Cap 110, of the Laws of Zambia and thus null and void. The High Court rejected the application of the appellant on the ground that Section 12(7) had ousted the Jurisdiction of the Court as it provided that the minister’s decision is not challengeable in any court of law. The appellant appealed.

HOLDING

i) In terms of Section 26(2) of the Firearms Act, Cap 110, of the Laws of Zambia, the Registrar of Firearms has powers vested in him to either register an applicant or refuse to register an applicant without giving any reason for such refusal. However, the proviso to Section 26(2) aforesaid circumscribes the discretion of the Registrar.

(ii)              Where the legislature has decided that certain matters should be solely for the executive, the court has no role to play as such issues contain no legal issues to be resolved.

(iii)            It is a requirement in Judicial review that all available remedies must be exhausted before applying for prerogative writs.

 SIGNIFICANCE AND APPLICATION     

1.      Separation of powers: The holding in this case reinforces the principle of separation of powers, particularly the division between the legislative and executive branches of government. It acknowledges that certain matters have been exclusively entrusted to the executive by the legislature, and the court should respect these boundaries and refrain from interfering in purely executive functions.

2.       Limitations on judicial power: The decision highlights the limits of the court's jurisdiction in certain cases. It suggests that if the legislature has clearly delegated a certain matter solely to the executive, the court should not involve itself in resolving legal issues related to that matter. This implies that the court must exercise restraint and avoid overstepping its authority.

3.       Judicial review and remedies: The holding emphasizes the importance of exhausting all available remedies before seeking prerogative writs, such as judicial review. This requirement ensures that parties have pursued all other avenues for relief or resolution before turning to the court. In doing so, it promotes the principles of procedural fairness and efficiency in the legal system.

4.      Determining whether legal issues are involved: The case suggests that the court should carefully analyze whether a particular issue or matter involves any legal questions before deciding to exercise judicial review. If the court finds that the matter solely falls within the executive's jurisdiction and does not give rise to legal issues, it should refrain from intervening.

5.     Clarification of court's role in relation to the executive: The holding clarifies that the court's role in matters exclusively within the executive's domain is limited. It establishes that the judiciary should respect the separation of powers and only intervene when there are legal issues to be resolved or when the executive exceeds its lawful authority.

CONCLUSION 

The holding in this case reinforces the importance of understanding the respective roles of the judiciary and the executive, and the need to respect the boundaries established by the legislature. It underscores the requirement for parties to exhaust all other remedies before turning to the court and highlights the limited scope of judicial intervention in matters solely entrusted to the executive.



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LEGAL AID INITIATIVE

(Bringing the Law to Your Comfort)

About the Author:


Kachana Katazo is a third year student at the University of Zambia and serving as a researcher at Legal Aid Initiative.
 

 

 

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