--(1) An application for an administrative order must be made by a fixed date claim identifying whether the application is-
----(a) for judicial review;
----(b) under section 14(1) of the Constitution;
----(c) for a declaration; or
----(d) for some other administrative order (naming it).
--(2) The claim form in an application under section 14(1) of the Constitution shall serve as the originating motion mentioned in that section and shall be headed "Originating Motion".
--(3) The claimant must file with the claim form an affidavit.
--(4) The affidavit must state-
----(a) the name, address and description of the claimant and the defendant;
----(b) the nature of the relief sought identifying-
--------(i) any interim relief sought; and
--------(ii) whether the claimant seeks damages, restitution or recovery of a sum due or alleged to be due,
----setting out the facts on which such claim is based and, where practicable, specifying the amount of any money claimed;
----(c) in the case of a claim under s. 14(1) of the Constitution, the provision of the Constitution which the claimant alleges has been, is being or is likely to be breached;
----(d) the grounds on which such relief is sought;
----(e) the facts on which the claim is based;
----(f) the claimant's address for service; and
----(g) the names and addresses of all defendants to the claim.
--(5) The general rule is that the affidavit must be made by the claimant or where the claimant is not an individual by an appropriate officer of the body making the claim.
--(6) If the claimant is unable to make the affidavit it may be made by some other person on his behalf but must state why the claimant is unable to make the affidavit.
--(7) On issuing the claim the court office must fix a date for a case management conference which must be endorsed on the claim form.
--(8) The general rule is that the case management conference must take place no later than four weeks after the date of issue of the claim.
--(9) However, any party may apply to a judge in chambers for that date to be brought forward or for an early date to be fixed for the hearing of the application for an administrative order.
--(10) The application may be without notice but must be supported by evidence.
Notes
Amended by Legal Notice 140 of 2000.