Page:Promotion of Administrative Justice Act 2000.djvu/6

6 No. 20853

Act No. 3, 2000 (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, purpose and likely effect of the administrative action concerned;

the nature and the extent of the departure;

the relation between the departure and its purpose;

the importance of the purpose of the departure; and

the need to promote an efficient administration and good governance.

(5) Where an administrator is empowered by any empowering provision to follow a procedure which is fair but different from the provisions of subsection (2), the administrator may act in accordance with that different procedure.

(6) (a) In order to promote an efficient administration, the Minister may, at the request of an administrator, by notice in the Gazette publish a list specifying any administrative action or a group or class of administrative actions in respect of which the administrator concerned will automatically furnish reasons to a person whose rights are adversely affected by such actions, without such person having to request reasons in terms of this section.

(b) The Minister must, within 14 days after the receipt of a request referred to in paragraph (a) and at the cost of the relevant administrator, publish such list, as contemplated in that paragraph.

Judicial review of administrative action

6. (1) Any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action.

(2) A court or tribunal has the power to judicially review an administrative action if—

the administrator who took it—

was not authorised to do so by the empowering provision;

acted under a delegation of power which was not authorised by the empowering provision; or

was biased or reasonably suspected of bias;

a mandatory and material procedure or condition prescribed by an empowering provision was not complied with;

the action was procedurally unfair;

the action was materially influenced by an error of law;

the action was taken—

for a reason not authorised by the empowering provision;

for an ulterior purpose or motive;

because irrelevant considerations were taken into account or relevant considerations were not considered;

because of the unauthorised or unwarranted dictates of another person or body;

in bad faith; or

arbitrarily or capriciously;

the action itself—

contravenes a law or is not authorised by the empowering provision; or

is not rationally connected to—

the purpose for which it was taken;

the purpose of the empowering provision;

the information before the administrator; or

the reasons given for it by the administrator;

the action concerned consists of a failure to take a decision;

the exercise of the power or the performance of the function authorised by the empowering provision, in pursuance of which the administrative action was purportedly taken, is so unreasonable that no reasonable person could have so exercised the power or performed the function; or

the action is otherwise unconstitutional or unlawful.

(3) If any person relies on the ground of review referred to in subsection (2)(g), he or she may in respect of a failure to take a decision, where—

an administrator has a duty to take a decision;

there is no law that prescribes a period within which the administrator is required to take that decision; and

the administrator has failed to take that decision,