FINANCIAL SERVICES BOARD
24 November 1999
SUBMISSION ON ADMINISTRATIVE JUSTICE BILL

1. The following comments on the different clauses of the Bill:

1.1 Ad clauses 1 and 2(1)

The phrase "rule or standard" in the definition of "administrative action" should be defined as it is not clear whether it includes subordinate legislation (rules, notices, etc), directives, policy statements, circulars and guidelines made by an organ of state or other person performing a public function.

The inclusion of a "municipal council" in paragraph (iii) of the said definition will mean that municipal regulations will become undisputable as far as the application of the Bill is concerned. Such exclusion is questioned.

1.2 Ad clauses 7, 8 and 9

An administrative action is reviewable also by a tribunal in terms of clause 2(3)(b). Therefore the words "or tribunal contemplated in section 2(3)(b)" should be inserted after the word "court" wherever it appears in the above clauses.

The word "good administrative" should be inserted before the word "conduct" in clause 7(2)(b) in view of the reference thereto in clause 11(1)(e).

The phrase "without unreasonable delay" should be deleted from clause 81) as it complicates the provision unnecessarily.

1.3 Ad clause 11(1)

No provision has been made for sanctions in case of contraventions of regulations made by the Minister.