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History of this document
09 March 2018 amendment not yet applied
09 February 2018 this version
08 February 2018
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Judgment
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Whether disciplinary and appellate public service decisions were void for breach of natural justice, delay, or lack of jurisdiction.
* Judicial review – Certiorari – Review limited to illegality, excess of jurisdiction, denial of natural justice, unreasonableness.
* Public service disciplinary proceedings – clarity of charge, right to be heard, statutory time limits.
* Employment status – secondment versus transfer and disciplinary authority.
* Procedural defects – absence of some records or unsigned minutes not necessarily fatal.
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High Court dismissed certiorari challenge to dismissal, finding procedure and jurisdiction of disciplinary and appellate bodies lawful.
Judicial review — Prerogative order of certiorari; grounds: illegality, procedural fairness, unreasonableness, excess/lack of jurisdiction; Public Service Regulations (Reg.47(10),47(11),61(3),62(2)); secondment vs. transfer — employer and disciplinary authority; scope of High Court review (not appellate).
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A DPP's bail-objection certificate is invalid if it fails to correctly identify the pending criminal case.
EOCCA s36(2) — DPP’s certificate objecting to bail — validity tests (Dirie/Li Ling Ling/Massawe) — requirement to relate to a specific pending case — incorrect case citation renders certificate invalid — bail application to be heard on merits.
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