Tag archives: PAJA

The primacy of PAJA in judicial review proceedings involving administrative action

By Patrick Bracher (ZA) on July 21, 2022 Posted in General

This blog was co-authored by: Felix Le Roux, Candidate Attorney In the June 2022 case of Tsogo Sun Caledon (Pty) Ltd and Others v Western Cape Gambling and Racing Board and Another, involving a decision of a gambling board to impose conditions in respect of gambling licences, the Supreme Court of Appeal said the following: … Continue reading

PAJA applies to regulations made by a Minister

By Patrick Bracher (ZA) on April 13, 2022 Posted in General

The Supreme Court of Appeal has reaffirmed that the making of regulations by a Minister acting in terms of a statute constitutes administrative action within the meaning of the Promotion of Administrative Justice Act, 2000. This means that such regulations can be challenged if they are outside the powers of the Minister under the enabling … Continue reading

PAJA applies to s37C Pension Funds Act decisions

By Amina Yuda on March 5, 2020 Posted in General

In February the high court confirmed that the Promotion of Administrative Justice Act (PAJA) applies to section 37C decisions on the distribution of death benefits made by the boards of retirement funds under the Pension Funds Act. In Mbatha v Transport Sector Retirement Fund and Salt Employee Benefits the court also confirmed the accepted principles … Continue reading

Constitutional Court explains the nature of the right to fair administrative action

By Patrick Bracher (ZA) on November 27, 2017 Posted in General

In an important judgment, the Constitutional Court emphasises that fundamental rights are primarily meant to protect human beings against the state. All the rights contained in our Bill of Rights are very much fundamental rights, including the right to just administrative action enshrined in section 33. South Africa’s administrative law benefits natural and juristic private persons. … Continue reading

Some administrative and constitutional principles from the nuclear energy case

By Patrick Bracher (ZA) on May 16, 2017 Posted in General

The Cape High Court decision in April 2017 setting aside the Minister of Energy’s decision determining the requirements for procurement of nuclear generation capacity and tabling of the related Russian intergovernmental agreement (IGA) in parliament usefully reminds us of a few important principles of constitutional and administrative law: Whilst the courts will not usually interfere … Continue reading

Challenge to regulations and other regulatory action

By Patrick Bracher (ZA) on March 14, 2016 Posted in Insurance

We have been reminded again that regulations that are unreasonable and irrational can be challenged under the Promotion of Administrative Justice Act (PAJA). Regulations are made under empowering provisions in the governing law, have a direct external legal effect on the parties they apply to, and adversely affect the rights of persons in the industry … Continue reading