Beeharry S. v Sugar Industry Labour Welfare Fund & ORS Case Commentary

Abstract

In the Republic of Mauritius, a judicial review is concerned with the reviewing of the decision-making process of an administrative body. This case was an application for judicial review of the decision and decision-making process of the Respondents in the appointment of the Co-Respondent as Deputy Commissioner rather than the Applicant. The application was based on the grounds that the decision taken by the administrative body was arbitrary, irrational, unfair, amounts to abuse of power and is grossly unreasonable in the circumstances.

The Applicant averred that he is more academically qualified than the Co-Respondent and thereby deserved to be appointed as Deputy Commissioner. However, the Applicant failed to establish how his qualifications and seniority made him a suitable candidate for the appointment. Hence, amongst the other reasons, the application for judicial review was devoid of merit and was set aside accordingly. This case commentary will focus on the decision pertaining to seniority and qualifications as a criteria for promotion.

This commentary is helpful for readers seeking to understand the judicial review process and the Supreme Court’s supervisory and discretionary powers in the application for judicial review. The commentary includes an analysis of the judgment based on precedents and discussions regarding the Court’s powers in the application for judicial review.

Jurisdiction: Republic of Mauritius

Keywords: Judicial Review; Mauritius Supreme Court; Statutory Body Decision-Making Process; Supervisory Powers