Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)Rules of Procedure for Judicial Review of Administrative ActionPart B: Request for Reasons and Disclosure3. Request for reasons |
| 1) | Any person whose rights are materially and adversely affected by an administrative action may request the administrator to- |
| a) | furnish written reasons for the action; |
| b) | agree to a variation of the time periods for the request for, or giving of, reasons in section 5 (1) and (2) of the Act in terms of section 9(1) of that Act. |
| 2) | The request must be made in accordance with Form A and sent and delivered in the manner provided in the Form to the administrator within the time period referred to in section 5 (1) of the Act, or such period as may be varied in terms of section 9. |
| 3) | The administrator must within 10 days of receipt of the request respond to it in accordance with Form B stating whether the request is acceded to or declined. |
| 4) | If the administrator accedes to the request, the administrator must furnish the reasons within the period permitted in section 5 (2) of the Act unless that period has been varied by agreement or by a court in terms of section 9 |
| 5) | The administrator may refuse a request for reasons if- |
| a) | written reasons have already been furnished to the requester; |
| b) | written reasons are publicly available and the requester is informed of where and how they are available; |
| c) | the requester is not a person whose rights are materially and adversely affected by the administrative action; |
| d) | it is reasonable or justifiable to depart from the requirement to give reasons in terms of section 5(4) of the Act; or |
| e) | on any other valid ground. |
| 6) | An administrator who declines to furnish reasons in response to a request under this rule must give reasons for refusing to do so. |