ABSTRACT

In supervising the fulfilment of governmental and related administrative functions by these agencies, the sole concern of the High Court is to ensure that they exercise their functions within the limits of the statutory powers, that is, intra vires. This is achieved by applying the rules developed by the common law, described in Chapters 9-11 and collectively referred to as the doctrine of ultra vires. Where it is found that an administrative agency has acted outside or beyond its statutory powers, any resulting decision or other act may be recognised as ultra vires, that is, null and void so that in law it has never existed. Accordingly, the High Court will probably grant one of the remedies described in Chapter 13, eg an order of certiorari to quash the ultra vires decision or action. This supervision and control of the exercise of statutory powers by the High Court is referred to as judicial review and is a vital part of the Rule of Law.