[1] This is an appeal by the appellant against the decision of the Court of Appeal on 10 October 2011, which allowed the Attorney General's appeal against the decision of the High Court. The High Court had on 28 February 2011 dismissed the Attorney General's objection to the respondent's application for leave to file an application for judicial review under O 53 of the Rules of the High Court 1980 ("RHC").

[2] Leave to appeal was granted by this Court on 8 March 2012 and the questions framed for determination of this appeal are:

Question 1

Whether an allegation that the decision or exercise of discretion sought to be reviewed under judicial review is based on policy consideration or management prerogative ought to be determined on an application for leave for judicial review, or whether the issue ought to be determined by the Court after hearing all the evidence at the substantive motion for judicial review.

Question 2

Whether a decision is alleged to be based on policy consideration or management prerogative ("non-statutory discretion") is ex facie non-justiciable, or whether the justiciability of such a decision is dependent on the existence, nature and extent of the non-statutory d