Reference no: EM133277117

The Licensing Authority Act (fictious) vests the Licensing Authority ('the Authority') with the power to issue licenses to all operators of restaurants in the country. The Authority's power also extends to the revocation of existing licenses: (a) if an operator is convicted of an offence under the Act. (b) if an operator fails to renew his/her license within the time specified. (c) if the Authority is satisfied that an operator keeps his premises in an unsanitary condition; or (d) in any other case that it deems necessary. 2 Thabo applies for a license to operate a restaurant. The Authority refuses the application because the Authority does not deem it "in the best interest of the community". Thabo is aggrieved by this decision. In arriving at its decision, the Authority took into consideration a report prepared by the Supervisor of Restaurants which was adverse to Thabo. (Source: Adapted from the West Indies University,2005).

1. Is the decision of the Authority reviewable under Article 18 of the Namibian Constitution (do not discuss the any grounds of review pertaining to lawfulness, reasonableness, or fairness)?

2. Thabo wants to challenge the lawfulness of the Authority's decision. Advise him on any two grounds which may be invoked in this regard.

3. Thabo believes that the reasons given by the Authority to decline his application are inadequate and he wants to challenge them on this basis. Advise him on the legal position in this instance.

4. Thabo is of the view that the report of the Supervisor of Restaurants is crucial for his intended legal challenge. He accordingly wants to obtain access to the information contained in the report. Advise him on the legal position in this instance.

5. Advise Thabo on the appropriate remedies which could be sought in this instance.