Administrative Justice Act as at 15 September 2016
reasons is contrary to the public interest on any of the grounds specified in subsection (3) of section eight
or on any other grounds related to the public interest as the Minister shall specify in the certificate.
(6) The Minister may by notice in a statutory instrument amend the Schedule by adding or
deleting any item in Part I of Part II of that Schedule or by altering any item when he or she deems it
necessary or desirable to do so in the public interest.
(7) The Minister shall, on the next sitting day of Parliament after he or she makes a statutory
instrument in terms of subsection (6), lay it before Parliament, and the statutory instrument shall come
into effect on the thirtieth day after the date on which it was laid before it unless Parliament earlier resolves
to annul the statutory instrument.
SCHEDULE (Section 11 (1), (2) and (6))
ADMINISTRATIVE ACTIONS IN RESPECT OF WHICH APPLICATION OF SECTIONS 3(1) (C), 3(2) AND 6
EXCLUDED OR QUALIFIED
PART I
ACTIONS TO WHICH SECTIONS 3(1) (C), 3(2) AND 6 DO NOT APPLY
1. Any exercise or performance of the executive powers or functions of the President or
Cabinet.
2. Decisions to institute or continue or discontinue criminal proceedings and prosecutions.
3. Decisions relating to the appointment of judicial officers.
PART II
ACTIONS IN RESPECT OF WHICH APPLICATION OF SECTION 3(1) (C) MAY BE QUALIFIED
Any disciplinary action taken in terms of the following Acts:
(a) Defence Act [Chapter 11:02];
(b) Police Act [Chapter11:10];
(c) Prisons Act [Chapter 7:11].
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