Page:Promotion of Administrative Justice Act 2000.djvu/5



to hold a public inquiry in terms of subsection (2);

to follow a notice and comment procedure in terms of subsection (3);

to follow the procedures in both subsections (2) and (3);

where the administrator is empowered by any empowering provision to follow a procedure which is fair but different, to follow that procedure; or

to follow another appropriate procedure which gives effect to section 3.

(2) If an administrator decides to hold a public inquiry—

the administrator must conduct the public inquiry or appoint a suitably qualified person or panel of persons to do so; and

the administrator or the person or panel referred to in paragraph (a) must—

determine the procedure for that public inquiry, which must—

include a public hearing; and

comply with the procedures to be followed in connection with public inquiries, as prescribed;

conduct the inquiry in accordance with that procedure;

compile a written report on the inquiry and give reasons for any administrative action taken or recommended; and

as soon as possible thereafter—

publish in English and in at least one of the other official languages in the Gazette or relevant provincial Gazette a notice containing a concise summary of any report and the particulars of the places and times at which the report may be inspected and copied; and

convey by such other means of communication which the administrator considers effective, the information referred to in item (aa) to the public concerned.

(3) If an administrator decides to follow a notice and comment procedure, the administrator must—

take appropriate steps to communicate the administrative action to those likely to be materially and adversely affected by it and call for comments from them;

consider any comments received;

decide whether or not to take the administrative action, with or without changes; and

comply with the procedures to be followed in connection with notice and comment procedures, as prescribed.

(4) (a) If it is reasonable and justifiable in the circumstances, an administrator may depart from the requirements referred to in subsections (1)(a) to (e), (2) and (3).

(b) In determining whether a departure as contemplated in paragraph (a) is reasonable and justifiable, an administrator must take into account all relevant factors, including—

the objects of the empowering provision;

the nature and purpose of, and the need to take, the administrative action;

the likely effect of the administrative action;

the urgency of taking the administrative action or the urgency of the matter; and

the need to promote an efficient administration and good governance.

Reasons for administrative action

5. (1) Any person whose rights have been materially and adversely affected by administrative action and who has not been given reasons for the action may, within 90 days after the date on which that person became aware of the action or might reasonably have been expected to have become aware of the action, request that the administrator concerned furnish written reasons for the action.

(2) The administrator to whom the request is made must, within 90 days after receiving the request, give that person adequate reasons in writing for the administrative action.

(3) If an administrator fails to furnish adequate reasons for an administrative action, it must, subject to subsection (4) and in the absence of proof to the contrary, be presumed in any proceedings for judicial review that the administrative action was taken without good reason.

(4) (a) An administrator may depart from the requirement to furnish adequate reasons if it is reasonable and justifiable in the circumstances, and must forthwith inform the person making the request of such departure.