Administrative Justice Act as at 15 September 2016
(2) Upon an application being made to it in terms of subsection (1) the High Court may, if it is
satisfied that there has been a failure by the administrative authority concerned to supply any or
adequate reasons for an administrative action, issue an order directing the administrative authority to
supply written reasons to the applicant within such period as may be specified by the High Court.
(3) Where an administrative authority fails to comply with an order in terms of subsection (2),
it shall be presumed, in the absence of proof to the contrary, that the administrative action
concerned constituted an improper exercise of the power conferred by the relevant law or
empowering provision.
(4) The High Court may at any time vary or revoke an order made in terms of subsection (2).
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Discretion to entertain applications
Without limitation to its discretion, the High Court may decline to entertain an application made
under section four, if the applicant is entitled to seek relief under any other law, whether by way of
appeal or review or otherwise, and the High Court considers that any such remedy should first be
exhausted.
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Discretion to refuse or to restrict supply of reasons
(1) Without limitation to its discretion, the High Court may decline to issue an order in terms of
section six, or may direct that disclosure of any reasons shall be limited or restricted, if it considers
that⎯
(a) it would be contrary to the public interest for such reasons to be disclosed; or
(b) the failure to supply reasons by the administrative authority was reasonable and justifiable
in the circumstances.
(2) For the purposes of determining any matter referred to in subsection (1) the High Court
may—
(a) direct that the reasons concerned be disclosed privately to the High Court for its
consideration; or
(b) after examination of reasons which have been privately disclosed to it, edit the reasons in
such manner or to such extent as the High Court considers best suited to preserve the
public interest and to serve the interests of the applicant concerned; or
(c) consider whether disclosure should be limited or restricted in terms of the Courts and
Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise.
(3) For the purpose of subsection (1) but without limiting its meaning, “public interest”
includes matters that relate to—
(a) the security or defence of the State; or
(b) the proper functioning of the Government; or
(c) the maintenance of international relations; or
(d) confidential sources of information pertaining to the enforcement or administration of the
law; or
(e) the prevention or detection of offences or contraventions of the law.
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