Section 33(2) of the Constitution provides that everyone whose rights have been

Question

adversely affected by an administrative action has the right to be given written reasons.
It promotes the culture of justification and supports the right to administrative justice.
The purposes of reasons:
• In Kayoba it was indicated that reasons justify administrative action.
• It further advances the constitutional requirements of fairness, accountability
and transparency.
• Builds public confidence.
In Kiva it was held that right also make judicial review effective.
Example from PAJA:
• Section 6(2)(f)(ii) rational connection between the action and reasons.
• Section 6(2)(e)(i) action taken for unauthorised reasons by the empowering
provision.
However, there are disadvantages accompanying the right to reasons:
• A duty on the administration to provide.
• Reasons imposes a burden on administrators.
• Formulating and communicating written reasons is time-consuming.
Therefore, there should be a balance between administrative justice and
administrative efficiency.
Section 5 of PAJA deals with the right to written reasons.
This is a request-driven process, an affected person may request reasons, which
the administrator must then provide within the prescribed time.
• The administrator does not have to provide reasons at the time the decision is
communicated.
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• However, the administrator can provide reasons at the time the decision is
being communicated. Basically, nothing precludes the administrator from acting
immediately.FORMULATE MULTIPLE CHOICE QUESTIONS AS WELL AS THE ANSWERS

Answer 1

Here are some multiple-choice questions based on the provided content, along with their answers:

Question 1

According to Section 33(2) of the Constitution, which of the following rights does an individual have when their rights are adversely affected by an administrative action?

A) The right to remain silent
B) The right to be given written reasons
C) The right to compensation
D) The right to appeal immediately

Answer: B) The right to be given written reasons

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Question 2

What is one of the key purposes of providing written reasons for administrative actions?

A) To confuse the affected party
B) To justify administrative action
C) To expedite the decision-making process
D) To eliminate transparency

Answer: B) To justify administrative action

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Question 3

In the case of Kiva, what was established regarding the right to reasons?

A) It is unnecessary for judicial review
B) It enhances the effectiveness of judicial review
C) It should not be requested by individuals
D) It is only applicable to government actions

Answer: B) It enhances the effectiveness of judicial review

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Question 4

Which section of the Promotion of Administrative Justice Act (PAJA) relates to the requirement for a rational connection between the action taken and the reasons provided?

A) Section 6(1)
B) Section 6(2)(f)(ii)
C) Section 5
D) Section 6(2)(e)(i)

Answer: B) Section 6(2)(f)(ii)

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Question 5

What is one disadvantage of the right to written reasons for administrative actions?

A) It promotes fairness
B) It increases public confidence
C) It creates a duty on the administration to provide reasons
D) It enhances accountability

Answer: C) It creates a duty on the administration to provide reasons

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Question 6

According to Section 5 of PAJA, how is the process of requesting written reasons initiated?

A) Automatically by the administration
B) By the affected person making a request
C) Through a government official's order
D) Without any need for request

Answer: B) By the affected person making a request

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Question 7

Is the administrator required to provide reasons at the time the decision is communicated, according to PAJA?

A) Yes, it is mandatory
B) No, it is not required at that time
C) Only if the affected party insists
D) Yes, but only on weekends

Answer: B) No, it is not required at that time

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Feel free to modify these questions or ask for additional ones based on different aspects of the content!