Administrative Justice Act as at 15 September 2016
(c) where it has taken the action, supply written reasons therefor within the relevant period
specified by law or, if there is no such specified period, within a reasonable period after
being requested to supply reasons by the person concerned.
(2) In order for an administrative action to be taken in a fair manner as required by paragraph
(a) of subsection (1), an administrative authority shall give a person referred to in subsection (1)—
(a) adequate notice of the nature and purpose of the proposed action; and
(b) a reasonable opportunity to make adequate representations; and
(c) adequate notice of any right of review or appeal, where applicable.
(3) An administrative authority may depart from any of the requirements referred to in
subsection (1) or (2) if—
(a) the enactment under which the decision is made expressly provides for any of the matters
referred to in those subsections so as to vary or exclude any of their requirements; or
(b) the departure is, under the circumstances, reasonable and justifiable, in which case the
administrative authority shall take into account all relevant matters, including⎯
(i) the objects of the applicable enactment or rule of common law;
(ii) the likely effect of its action;
(iii) the urgency of the matter or the urgency of acting thereon;
(iv) the need to promote efficient administration and good governance;
(v) the need to promote the public interest.
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Relief against administrative authorities
(1) Subject to this Act and any other law, any person who is aggrieved by the failure of an
administrative authority to comply with section three may apply to the High Court for relief.
(2) Upon an application being made to it in terms of subsection (1), the High Court may, as
may be appropriate—
(a) confirm or set aside the decision concerned;
(b) refer the matter back to the administrative authority concerned for consideration or
reconsideration;
(c) direct the administrative authority to take administrative action within the relevant period
specified by law or, if no such period is specified, within a period fixed by the High Court;
(d) direct the administrative authority to supply reasons for its administrative action within the
relevant period specified by law or, if no such period is specified, within a period fixed by
the High Court;
(e) give such directions as the High Court may consider necessary or desirable to achieve
compliance by the administrative authority with section three.
(3) Directions given in terms of subsection (2) may include directions as to the manner or
procedure which the administrative authority should adopt in arriving at its decision, and directions
to ensure compliance by the administrative authority with the relevant law or empowering provision.
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