Challenging Government Decisions: An Administrative Law Primer

When a government body makes a decision that affects your rights, the law provides mechanisms to challenge it. Here is how administrative review works in Namibia.

The Namibian Constitution enshrines the right to administrative justice. Where a government body or official makes a decision that is unlawful, unreasonable, or procedurally unfair, affected persons may seek judicial review.

Grounds for Review typically include: acting outside the scope of authority (ultra vires), failure to follow required procedures, bias or conflict of interest, or a decision so unreasonable that no rational decision-maker could have reached it.

The Process involves bringing a review application in the High Court of Namibia. Strict time limits apply, in many cases the application must be brought within a reasonable time of becoming aware of the decision.

Remedies available include setting aside the decision, remitting it for fresh consideration, or in appropriate cases, substituting the court's own decision.

Our firm has extensive experience in administrative and constitutional law, including appearances before the High and Supreme Courts of Namibia.

Disclaimer: The information provided here is for general informational purposes only and should not be interpreted as legal advice from Ileni Velikoshi Inc. or its staff. For advice tailored to your specific situation, please consult directly with Ileni Velikoshi Inc. for professional legal advice.