People who lose before a tribunal often want the highest court to look at it. The Constitution builds the hierarchy so that the National Court supervises tribunals and the Supreme Court supervises the National Court. Skipping a step is not allowed, and the reasons are practical as well as constitutional.
Where the Supreme Court’s jurisdiction comes from
Section 4(1): An appeal in accordance with this Act lies to the Supreme Court from a judgement of the National Court. Section 155(2): The Supreme Court (a) is the final court of appeal; and (b) has an inherent power to review all judicial acts of the National Court; and (c) has such other jurisdiction and powers as are conferred on it by this Constitution or any other law.
Section 155(2)(c) is the only opening: another law can confer jurisdiction on the Supreme Court over something other than the National Court. Very few do. The Organic Law on National and Local-level Government Elections sends election petitions to the National Court, whose decisions the Supreme Court reviews under Order 5; it does not send anything to the Supreme Court directly. The Supreme Court has itself refused to entertain applications under section 155(4) that ask it to supervise a tribunal, holding that section 155(4) confers powers to do justice in a case already within its jurisdiction, not a fresh jurisdiction.
How a tribunal decision reaches the Supreme Court
| Tribunal or body | First step | Then to the Supreme Court by |
|---|---|---|
| Leadership tribunal under the Organic Law on the Duties and Responsibilities of Leadership | Judicial review in the National Court under O 16 NCR | Appeal by notice of motion under O 10 SCR from the judicial review decision |
| Public Services Commission, Teaching Service Commission, Police disciplinary decisions | Judicial review in the National Court, after internal review is exhausted | O 10 appeal |
| Land Titles Commission, Provincial Land Court | Statutory appeal or review to the National Court under the Land Titles Commission Act or the Land Disputes Settlement Act, or judicial review | O 7 or O 10 appeal, with leave where s 14 requires |
| Commission of inquiry | Judicial review in the National Court of a finding that affects rights | O 10 appeal |
| Lawyers Statutory Committee | Appeal to the National Court under the Lawyers Act | O 7 appeal |
| Tax review tribunal, ICCC appeals panel and similar statutory appeal bodies | Appeal to the National Court as the empowering Act provides | O 7 appeal |
| Village Court, District Court | Appeal to the District Court or National Court under the Village Courts Act or District Courts Act | O 7 appeal from the National Court decision |
See appealing a judicial review decision and whether the Supreme Court can review a District Court decision.
The exceptions
Section 18(2) of the Constitution requires any court or tribunal before which a question of constitutional interpretation or application arises to refer it to the Supreme Court, unless the question is trivial, vexatious or irrelevant. A tribunal can therefore send a constitutional question directly, in Form 2 under Order 4 Rule 2, and the Supreme Court answers it and returns the case. Section 18(1) lets a person with standing apply directly for a constitutional interpretation, and section 57 lets a person apply directly to enforce a constitutional right, including against a tribunal; but Order 6 Rule 1 sends section 57 applications first to a single Judge, and the Court usually directs the applicant to the National Court, which has the same power. See the section 18 reference and enforcing a constitutional right in the Supreme Court.
Why the National Court comes first
Judicial review is decided on affidavit evidence about what the tribunal did, and the National Court is equipped to receive it; the Supreme Court sits in benches of three and does not take evidence except through a single Judge under Order 3 Rule 3. The National Court can grant interim relief quickly, and its decision gives the Supreme Court a reasoned judgment to review rather than a raw record. And Constitution section 155(2)(a) makes the Supreme Court final: a litigant who could go straight to it would have one hearing instead of two.
Practical steps
Statutory appeals to the National Court carry short limits, often 14 or 28 days, and judicial review must be sought promptly and within four months for certiorari under Order 16 Rule 4. A person who files in the Supreme Court by mistake loses that time; the Supreme Court will dismiss the proceeding as incompetent and will not transfer it. Read the tribunal’s Act for the appeal provision, and if there is none, file for judicial review in the National Court.
Sources
- Supreme Court Act (Chapter 37) — ss 4, 14
- Constitution — ss 18, 57, 155(2), (4)
- Supreme Court Rules 2012 — O 3 r 3; O 4 r 2; O 5; O 6 r 1; O 7; O 10; Form 2
- National Court Rules 1983 — O 16 rr 3–4
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.