PROMOTION OF ADMINISTRATIVE JUSTICE ACT, 2000 ADMINISTRATIVE REVIEW RULES

GOVERNMENT NOTICE

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

No. R........ 2003

PROMOTION OF ADMINISTRATIVE JUSTICE ACT, 2000

ADMINISTRATIVE REVIEW RULES

The Rules Board for Courts of Law has under section 7 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), made the rules in the Schedule.

SCHEDULE

Definitions

1. In these rules a word to which a meaning has been assigned in the Act shall bear the meaning so assigned, a word to which a meaning has been assigned in the rules governing the procedures of the court to which an application in terms of these rules is brought, shall bear the meaning so assigned, and unless the context otherwise indicates - "applicant" means a person seeking judicial review of an administrative action under section 6 of the Act;

"clerk" means a clerk and assistant clerk of the court appointed under section 13 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), a registrar and assistant registrar appointed under section 14 of the Constitutional Court Complementary Act, 1995 (Act No. 13 of 1995) and section 34 of the Supreme Court Act, 1959 (Act No. 59 of 1959), or a registrar appointed under any law not yet repealed by a competent authority and, immediately before the commencement of the Constitution, in force in any area which forms part of the national territory;

"day" means any day other than a Saturday, Sunday or public holiday;

"deliver" means to serve copies on the administrator and any other party and file the original with the clerk, and "delivery" has a corresponding meaning;

"the Act" means the Promotion of Administrative Justice Act, 2000 (Act No.3 of 2000).

Procedure for purposes of judicial review

2. (1) The procedure prescribed in these rules must be followed in all applications for judicial review brought in terms of the Act.

(2) Subject to subrule (1), the provisions of the rules governing the procedures in the court to which an application in terms of these rules is brought shall apply with appropriate changes for the purpose of supplementing this rule where necessary: Provided that when an application is brought in a Magistrate's Court the provisions of rule 6 of the High Court Rules and not rule 55 of the Magistrates' Courts Rules, shall apply.

Notice of Motion

3. (1) Proceedings in a court for the judicial review of an administrative action shall be initiated by the delivery of a notice of motion, corresponding substantially to Form 1 in the Annexure.

(2) The notice of motion must be supported by an affidavit -

(a) providing particulars of the manner in which and date upon which the internal remedies, if any, have been exhausted or if not, setting out the facts and circumstances upon which the application for exemption is brought; and

(b) setting out the grounds of review contemplated in section 6 of the Act, and the facts and circumstances upon which the review is sought.

Duties of Administrator Where Public Enquiry Was Not Held

4. The administrator must, within 15 days after receipt of the notice of motion, -

(a) file with the clerk certified copies of all documents reasonably necessary for the review together with the reasons for the administrative action;

(b) notify the applicant and any other party that he or she has done so; and

Duties of Administrator Where Public Enquiry Was Held

5. (1) The administrator must, within 15 days after receipt of the notice of motion -

(i) file with the clerk certified copies of the report contemplated in section 4(2)(b)(iii) of the Act and any summary thereof, all documents reasonably necessary for the review, together with the reasons for the administrative action;

(ii) notify the applicant and any other party that he or she has done so; and

(iii) serve on the applicant and any other party certified copies of such documents.

(2) In the event of the administrator not being able to comply with the provisions of subrule (1), he or she shall notify the clerk, the applicant and any other party accordingly and state in an affidavit, corresponding substantially to Form 2 in the Annexure, the reasons therefor and whether and when the document, report or summary will be available.

Powers of Applicant

6. The applicant may, within 10 days after the administrator has made the documents and the reasons contemplated in rules 4 and 5 available by delivery of a notice and accompanying affidavit, amend, add to or vary the notice of motion and supplement the supporting affidavit .

Opposing the application

7. The administrator and any other party who desires to oppose the granting of the order claimed must -

(a) within 15 days after receipt of the notice of motion or after receipt of amendments referred to in rule (6), deliver a notice, corresponding substantially to Form 3 in the Annexure, advising that he or she intends to oppose the application and appoint in such notice an address within the distance prescribed in the rules governing the procedures in the court to which an application in terms of these rules is brought at which he or she will accept notice and service of all process; and

(b) within 15 days after delivery of notice of intention to oppose, deliver any affidavits he or she may desire in answer to the application; and

(c) within 15 days after delivery of notice of intention to oppose, deliver a notice, corresponding substantially to Form 4 in the Annexure, of intention to raise a question of law only.

Powers of applicant in the case of failure by administrator

8. (1) If the administrator fails to comply with the provisions of rule 4 or 5 within the time stated in those rules, the applicant may within 5 days of the expiry of the time stated in those rules, request the clerk in writing to -

(a) place the application before the court for an order in terms of section 8(1)(a) of the Act; or

(b) allocate a date for the hearing of the judicial review on the merits.

(2) If the administrator fails to deliver any answering affidavit in terms of rule 7(b) or notice in terms of rule 7(c) within the time stated in those subrules, the applicant may within 5 days of the expiry of the time stated in those rules, request the clerk in writing to

allocate a date for the hearing of the judicial review on the merits.

(3) The applicant must without delay notify the administrator and any other party in

writing of the request referred to in subrules (1) or (2).

(4) The clerk must without delay attend to the request of the applicant.

(5) The court may, when dealing with the request of the applicant for an order in terms of section 8(1)(a) of the Act, require or allow oral or written submissions.

Court fees

9. Any document by which proceedings are instituted in terms of these rules shall be subject to the payment of court fees in the amount of R 50,00 in the form of a revenue stamp.

Commencement

10. These rules come into operation on ........ 2003.