Portal:Acts of the Parliament of South Africa

“ 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. ”

“ 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. ”

“ 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—
(a)
directing the taking of the decision; (b)
declaring the rights of the parties in relation to the taking of the decision; (c)
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 (d)
as to costs. Variation of time
9. ”