[2022]DLSC11710 • June 15, 2022 • Supreme Court •
THE REPUBLIC vs. SECURITY AND NATIONAL INSURANCE TRUST AND ATTORNEY–GENERAL EX-PARTE ERNEST THOMPSON
Ernest Thompson, former Director General of SSNIT, was involved in a dispute over two audit reports (Exhibits ET5 and ET6) prepared by SSNIT's internal audit department concerning the Operational Business Suite (OBS) project. Thompson alleged he was not given a hearing before adverse findings were made against him in these reports, which were later used in criminal proceedings against him. He sought judicial review to quash the reports and restrain their use, claiming violation of his constitutional right to a fair hearing under Article 23 of the 1992 Constitution.
read moreTORKORNOO (MRS.) JSC:- Background to the case Article 141 of the 1992 Constitution reads: Supervisory jurisdiction of the High Court 141 The High Court shall have supervisory jurisdiction over all lower courts and any lower adjudicating authority; and may, in the exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory powers. Rule 55 (1) of the High Court (Civil Procedure) Rules CI 47 also provides: Order 55 – Application for Judicial Review Cases appropriate for application for judicial review 1. An application for a) an order in the nature of mandamus, prohibition, certiorari or quo warranto; or b) an injunction restraining a person from acting in any public office in which the person is not entitled to act; or c) any other injunction, shall be made by way of an application for judicial review to the High Court. Pursuant to the two provisions set out above, the Interested Party/App.....