Programme Cohort

BSc (Hons) Management - BMAN/09/FT-

BATCH 2 L & M Batch 2 L

BSc (Hons) Management -L BMAN/08/PT -L

Examinations for 2010- 2011 Semester I

/ 2010 Semester II
MODULE: ADMINISTRATIVE LAW
MODULE CODE: LLAW 1102

Duration: 2 Hours 15 minutes

Reading time: 15 Minutes

Instructions to Candidates:

1. This question paper consists of Section A and Section B.

2. Section A is compulsory.
3. Answer any two questions from Section B.
4. Always start a new question on a fresh page.
5. Total Marks: 100

This question paper contains 4 questions and 4 pages.

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 SECTION A: COMPULSORY
QUESTION 1: (40 MARKS)

An applicant has sworn the following affidavit in support of his application for leave for
judicial review –

1. I, Amir Bongo, am the applicant in this matter.

2. I am a Senior Teacher of Computer studies posted at a Private Secondary School
of Port Louis with 20 years of unblemished record and am paid by the Private
Secondary Schools Authority (PSSA).
3. On 3 November 2010, at about 11h30, I was in Form VI of the said secondary
school explaining a problem on the white board when I was hit at the back of the
head with a hard object coming from the direction of Fénéant, a student known for
being undisciplined.
4. Being particularly irritable on that particular day and, in a fleeting fit of temper, I
threw the duster over the head of Fénéant, without the intention of hitting him but
only scaring him and the duster did not hit Fénéant.
5. Scared by my firmness, Fénéant came to apologize to me and I gave him a
punishment for writing 1000 lines which he had to submit to me in the afternoon to
be written during lunch-time which lines he did submit to me before going home,
without any complaint and the incident was closed.
6. The next morning, while fumbling through the papers, I was astounded to come
across an article in the Daily News to the effect that I had hit a student at the head
with a duster and that I had been suspended from duty.
7. I was called by the Rector (Respondent No 2) who explained to me that the
parents of Fénéant had reported the matter to the Police and he had been taken to
the hospital where it had been found that he had suffered an haematoma on his
head.
8. He advised me that the PSSA would start disciplinary action with a view to my
dismissal but that I had the option of offering my resignation, in which case the
Police investigation would not be pursued.
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9. Without giving much thought to the matter and in the instant, it occurred to me that
I would rather limit damage to my reputation and submit a resignation which I did.
10. On reflection at leisure at my home that evening, it occurred to me that I had been
more sinned against than sinning and taken the wrong decision to write a letter of
resignation.
11. I also receive a phone call from a student who stated that he was speaking on
behalf of the rest of the class that Fénéant was injured while playing football with
some street boys before going home late that evening but that when they informed
respondent no. 2, he did not want to hear about it.
12. I had in the past been writing to the PSSA about the attitude of the rector who had
an axe to grind.

Answer the following questions:

(a) Advise Bongo whether he has a case in judicial review. (20 marks)

(b) How different is a judicial review case from an appeal in terms of substance and
remedies. (10 marks)

(c) What are the most likely remedies available to Bongo on the facts of the case.
(10 marks)

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 SECTION B: ANSWER ANY TWO QUESTIONS

QUESTION 2: (30 MARKS)

(a) What is judicial review? State and discuss the grounds of judicial review.
(20 marks)

(b) An application for judicial review involves a two- stage procedure. What is the
procedure to apply for judicial review? (10 marks)

QUESTION 3: (30 MARKS)

(a) Explain the different modes by which President of the Republic exercises his
powers and give examples to support your answer. (15 marks)

(b) What are the advantages and disadvantages of administrative and domestic
tribunals as compared to courts? (15 marks)

QUESTION 4: (30 MARKS)

(a) Mr Etranger wishes to understand the manner in which the Parliament in

Mauritius can delegate its law making powers to other authorities. Advise Mr
Etranger. (20 marks)

(b) Compare the “original” and “appellate” jurisdiction of the Supreme Court of
Mauritius. (15 marks)

***END OF QUESTION PAPER***

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