Mankotte vs. Administrative Appeals Tribunal and Others – sllr 2019 volume 3 page 465

The case between Mankotte (the petitioner) and the Administrative Appeals Tribunal and others addressed the issue of whether the decision of the Administrative Appeals Tribunal refusing to antedate the petitioner’s appointment as Director (Extension and Training) of the Department of Agriculture was immune from judicial review under the ouster clause in Section 8(2) of the Administrative Appeals Tribunal Act. It was held that the ouster clause did not exclude the court’s constitutional authority to exercise judicial review, reaffirming the principle that statutory ouster clauses are strictly construed and do not preclude review for jurisdictional error. This decision relied on relevant statutes, including the Establishments Code, and leading precedents such as Anisminic Ltd v. Foreign Comp