18 Questions
What must be done before someone can ask a court to review an administrative action?
Exhaust internal remedies.
What is the main difference between internal remedies and judicial review?
Judicial review is done by an independent court.
What does Section 6 of the PAJA specify?
Requirements for lawful administrative action.
Which order can a court issue if an administrator's decision is declared invalid?
Order the administrator to reconsider the decision.
What type of court review is judicial review as described in the text?
Review by an independent court
What is required before an affected person can approach a court for review, according to the PAJA?
Exhaust internal remedies.
What does direct effect mean in the context of administrative action?
It involves multiple steps, with only the last step affecting a member of the public.
In what situation can a decision have external effect?
When it affects individuals' rights, not through measures part of the daily business of the organ of state.
What kind of power is exercised by the clerk in this scenario?
Administrative power
What does 'epp/ppf' refer to in the context of administrative action?
Exceptions to administrative action
Why is the clerk's decision considered administrative action?
Because it falls under the exceptions to administrative action.
When can a judicial review application be launched according to the text?
If administrative action has taken place.
What is the primary way to enforce the rights to just administrative action?
Seeking judicial review of the administrative decision
What is a potential ground for challenging an administrative decision under Section 6 of PAJA?
All of the above
If a court finds an administrative decision to be unlawful, unreasonable, or procedurally unfair, what can it do?
Issue an order to rectify the situation
What is the most common relief sought in a notice of motion for judicial review?
Requesting the matter to be remitted (sent back) to the decision maker
Within what timeframe must an application for judicial review be launched under Section 7 of PAJA?
180 days
What is the purpose of judicial review in the context of administrative action?
To ensure administrative decisions are lawful, reasonable, and procedurally fair
Study Notes
- The individual must launch their application within 180 days according to section 7 of PAJA, based on specific grounds outlined in section 6 like error of law, acting arbitrarily, or being unconstitutional.
- Relief sought in a notice of motion commonly includes remitting the matter back to the decision maker for reconsideration, following section 8(1)(c)(i).
- Judicial review is a crucial mechanism for enforcing the rights to just administrative action by allowing individuals to challenge administrative decisions in court.
- Courts can order various remedies if they find a decision to be unlawful, unreasonable, or procedurally unfair, such as declaring the decision invalid, ordering reconsideration, or awarding damages.
- Before seeking judicial review, individuals must exhaust internal remedies per the PAJA, ensuring that administrative procedures for review or appeal are utilized before approaching the court.
Test your knowledge on the grounds for launching an application under section 6 of PAJA, including errors of law, arbitrary actions, and unconstitutional decisions. Explore the common relief of remitting a matter back to the decision maker.
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