Page:Promotion of Administrative Justice Act 2000.djvu/8

8 No. 20853

Act No. 3, 2000 (2) The court or tribunal, in proceedings for judicial review in terms of section 6(3), may grant any order that is just and equitable, including orders—

directing the taking of the decision;

declaring the rights of the parties in relation to the taking of the decision;

directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the court or tribunal considers necessary to do justice between the parties; or

as to costs.

Variation of time

9. (1) The period of—

90 days referred to in section 5 may be reduced; or

90 days or 180 days referred to in sections 5 and 7 may be extended for a fixed period,

by agreement between the parties or, failing such agreement, by a court or tribunal on application by the person or administrator concerned.

(2) The court or tribunal may grant an application in terms of subsection (1) where the interests of justice so require.

Regulations

10. (1) The Minister must make regulations relating to—

the procedures to be followed by designated administrators or in relation to classes of administrative action in order to promote the right to procedural fairness;

the procedures to be followed in connection with public inquiries;

the procedures to be followed in connection with notice and comment procedures;

the procedures to be followed in connection with requests for reasons; and

a code of good administrative conduct in order to provide administrators with practical guidelines and information aimed at the promotion of an efficient administration and the achievement of the objects of this Act.

(2) The Minister may make regulations relating to—

the establishment, duties and powers of an advisory council to monitor the application of this Act and to advise the Minister on—

the appropriateness of publishing uniform rules and standards which must be complied with in the taking of administrative actions, including the compilation and maintenance of registers containing the text of rules and standards used by organs of state;

any improvements that might be made in respect of internal complaints procedures, internal administrative appeals and the judicial review by courts or tribunals of administrative action;

the appropriateness of establishing independent and impartial tribunals, in addition to the courts, to review administrative action and of specialised administrative tribunals, including a tribunal with general jurisdiction over all organs of state or a number of organs of state, to hear and determine appeals aginst administrative action;

the appropriateness of requiring administrators, from time to time, to consider the continuance of standards administered by them and of prescribing measures for the automatic lapsing of rules and standards;

programmes for educating the public and the members and employees of administrators regarding the contents of this Act and the provisions of the Constitution relating to administrative action;

any other improvements aimed at ensuring that administrative action conforms with the right to administrative justice;

any steps which may lead to the achievement of the objects of this Act; and

any other matter in respect of which the Minister requests advice;

the compilation and publication of protocols for the drafting of rules and standards;

the initiation, conducting and co-ordination of programmes for educating the public and the members and employees of administrators regarding the