Article 43 of the Saudi Law of Procedure before the Board of Grievances
المادة 43 من نظام المرافعات أمام ديوان المظالم · الفصل الثالث: طلب إعادة النظر
The article allows requesting reconsideration of final judgments of the administrative courts and administrative courts of appeal in the cases provided for in the Law of Sharia Procedure.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز طلب إعادة النظر في الأحكام النهائية الصادرة من المحاكم الإدارية ومحاكم الاستئناف الإدارية في الأحوال المنصوص عليها في نظام المرافعات الشرعية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 43 explained in plain English
Even after a judgment becomes final, this article opens an exceptional route: a request for reconsideration. Its scope:
- Judgments covered: Final judgments issued by the administrative courts and the administrative courts of appeal.
- The cases: The article does not list the cases itself, but refers to the cases provided for in the Law of Sharia Procedure, which must be consulted to learn them.
Reconsideration is not an ordinary level of litigation, but a route limited to the cases defined by the Law of Sharia Procedure, and it applies only to final judgments.
How the request is submitted is set out in Article 44: it is filed by a statement with the court that issued the judgment, containing the particulars of the judgment, a summary of it, and the grounds of the request. This route differs from the cross-appeal regulated by Article 42, which takes place while the appeal is being heard.
Because the cases are defined in another law, it is advisable to consult a lawyer specializing in administrative cases before the Board of Grievances to find out whether your situation is among them.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 43 of the Saudi Law of Procedure before the Board of Grievances
Can a final administrative court judgment be challenged?
Reconsideration of it may be requested in the cases provided for in the Law of Sharia Procedure.
What are the cases for reconsideration before the Board of Grievances?
The article refers to the cases provided for in the Law of Sharia Procedure and does not list them itself.
Does the article cover the judgments of the administrative courts of appeal?
Yes. It covers final judgments issued by the administrative courts and the administrative courts of appeal.
More articles on Reconsideration of Administrative Judgments
- Article 44
The article explains that a request for reconsideration is filed by a statement with the court that issued the judgment under the procedures for filing a case, containing the judgment's particulars, a summary of it and the grounds of the request.
يرفع طلب إعادة النظر بصحيفة يودعها طالب إعادة النظر أو مَنْ يمثله لدى المحكمة التي أصدرت الحكم، وفقاً للإجراءات المقررة لرفع الدعوى. على أن تتضمن الصحيفة بيانات
- Article 59
The Article bars objections to judgments of the Supreme Administrative Court, except a request for reconsideration by a person against whom the judgment is binding and who was neither brought into the case nor intervened in it.
لا يجوز الاعتراض على أحكام المحكمة الإدارية العليا، ما لم يكن الاعتراض بطلب إعادة النظر ممَّنْ يعد الحكم حجة عليه ولم يكن قد أُدخل في الدعوى أو تدخل فيها.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.