Administrative Justice Act as at 15 September 2016
(4) The High Court may at any time vary or revoke any order or direction given in terms of
subsection (2).
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Determining factors
For the purposes of determining whether or not an administrative authority has failed to comply
with section three the High Court may have regard to whether or not—
(a) the administrative authority has jurisdiction in the matter;
(b) the enactment under which the action has been taken authorises the action;
(c) a material error of law or fact has occurred;
(d) a power has been exercised for a purpose other than that for which the power was
conferred;
(e) fraud, corruption or favour or disfavour was shown to any person on irrational grounds;
(f) bad faith has been exercised;
(g) a discretionary power has been improperly exercised at the direction, behest or request of
another person;
(h) a discretionary power has been exercised in accordance with a direction as to policy
without regard to the merits of the case in question;
(i) a power has been exercised in a manner which constitutes an abuse of that power;
(j) the action taken is so unreasonable that no reasonable person would have taken it;
(k) there is any evidence or other material which provides a reasonable or rational foundation
to justify the action taken;
(l) an irrelevant matter has been taken into account;
(m) a relevant matter has not been taken into account;
(n) a breach of the rules of natural justice, where applicable, has occurred;
(o) the procedures specified by law have been followed;
(p) any departure from the requirements of section three is, in the circumstances, reasonable
and justifiable.
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Application for and issue of order to supply reasons
(1) Subject to this Act and any other enactment, any person—
(a) whose rights, interests or legitimate expectations are materially and adversely affected by
any administrative action; or
(b) who is entitled to apply for relief in terms of section four;
and who is aggrieved by the failure of an administrative authority to supply written reasons for the
action concerned within—
(i) the period specified in the relevant enactment; or
(ii) in the absence of any such specified period, a reasonable period after a request for
such reasons has been made;
may apply to the High Court for an order compelling the administrative authority to supply reasons.
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