Question
Reasons – are the explanation for a decision.
• Findings – are findings of fact or law which are the essential background to a
decision but that are not in themselves a complete explanation for it.
• Information – is a term used alternatively to findings.
• Evidence – the oral or documentary information provided to the administrator.
Requesting reasons under section 5(1) of PAJA
Who may request reasons:
• Any person whose rights have been materially and adversely affected by
an administrative action.
o The idea of adversely affected rights is part of the definition of
administrative action.
o The adversely and materiality means that as long as it does not have a
trivial effect it will be material – Joseph.
o Section 5 applies in respect of a person whose pre-existing right has
been adversely affected by an administrative action.
o However, in a case where there are no pre-existing rights:
In Transnet Ltd v Goodman Brothers. The respondent had tendered
unsuccessfully to provide goods to the applicant and had applied to the
court for the provision of written reasons for the decision. The applicant
argued that the respondent did not have the right to reason because
none of its rights had been adversely affected. The court held focusing
only on the concept of right, that the right that was adversely affected
was the right to receive or obtain information which the tenderer
reasonably required to enable him to determine whether his right to
lawful administrative action had been violated. Furthermore, the right to
equality was also violated.PROVIDE MULTIPLE CHOICE QUESTIONS AND ANSWERS
• Findings – are findings of fact or law which are the essential background to a
decision but that are not in themselves a complete explanation for it.
• Information – is a term used alternatively to findings.
• Evidence – the oral or documentary information provided to the administrator.
Requesting reasons under section 5(1) of PAJA
Who may request reasons:
• Any person whose rights have been materially and adversely affected by
an administrative action.
o The idea of adversely affected rights is part of the definition of
administrative action.
o The adversely and materiality means that as long as it does not have a
trivial effect it will be material – Joseph.
o Section 5 applies in respect of a person whose pre-existing right has
been adversely affected by an administrative action.
o However, in a case where there are no pre-existing rights:
In Transnet Ltd v Goodman Brothers. The respondent had tendered
unsuccessfully to provide goods to the applicant and had applied to the
court for the provision of written reasons for the decision. The applicant
argued that the respondent did not have the right to reason because
none of its rights had been adversely affected. The court held focusing
only on the concept of right, that the right that was adversely affected
was the right to receive or obtain information which the tenderer
reasonably required to enable him to determine whether his right to
lawful administrative action had been violated. Furthermore, the right to
equality was also violated.PROVIDE MULTIPLE CHOICE QUESTIONS AND ANSWERS
Answers
GPT-4o mini
Here are some multiple-choice questions based on the provided information regarding requesting reasons under section 5(1) of PAJA:
### Question 1:
What are "reasons" in the context of administrative decisions?
A) A summary of the findings only
B) The explanation for a decision
C) The evidence submitted to the administrator
D) Alternative findings of fact or law
**Answer:** B) The explanation for a decision
---
### Question 2:
Who may request reasons for an administrative action under section 5(1) of PAJA?
A) Any person with a trivial interest in the case
B) Only those with pre-existing rights adversely affected
C) Any person whose rights have been materially and adversely affected
D) Individuals representing the government
**Answer:** C) Any person whose rights have been materially and adversely affected
---
### Question 3:
In the case of **Transnet Ltd v Goodman Brothers**, what was the key ruling regarding the right to request reasons?
A) Only parties with pre-existing rights can request reasons.
B) Tenderers have a right to information which helps them understand if their rights have been violated.
C) The right to reasons is irrelevant in administrative actions.
D) Only final decisions require written reasons.
**Answer:** B) Tenderers have a right to information which helps them understand if their rights have been violated.
---
### Question 4:
What determines whether a person's rights have been materially and adversely affected?
A) The duration of the administrative process
B) The financial implications of the decision
C) The triviality of the effect on their rights
D) The nature of the decisions being made
**Answer:** C) The triviality of the effect on their rights
---
### Question 5:
Which of the following can be described as "evidence"?
A) An explanation for an administrative decision
B) Oral or documentary information provided to the administrator
C) A summary of findings related to a case
D) The rights that are adversely affected by a decision
**Answer:** B) Oral or documentary information provided to the administrator
---
### Question 6:
In the context of the PAJA, "findings" refers to:
A) The reasonings behind a decision only
B) The essential background to a decision but not a complete explanation
C) The evidence in the case
D) The rights of the affected parties
**Answer:** B) The essential background to a decision but not a complete explanation
---
Feel free to adjust or add more questions as needed!
### Question 1:
What are "reasons" in the context of administrative decisions?
A) A summary of the findings only
B) The explanation for a decision
C) The evidence submitted to the administrator
D) Alternative findings of fact or law
**Answer:** B) The explanation for a decision
---
### Question 2:
Who may request reasons for an administrative action under section 5(1) of PAJA?
A) Any person with a trivial interest in the case
B) Only those with pre-existing rights adversely affected
C) Any person whose rights have been materially and adversely affected
D) Individuals representing the government
**Answer:** C) Any person whose rights have been materially and adversely affected
---
### Question 3:
In the case of **Transnet Ltd v Goodman Brothers**, what was the key ruling regarding the right to request reasons?
A) Only parties with pre-existing rights can request reasons.
B) Tenderers have a right to information which helps them understand if their rights have been violated.
C) The right to reasons is irrelevant in administrative actions.
D) Only final decisions require written reasons.
**Answer:** B) Tenderers have a right to information which helps them understand if their rights have been violated.
---
### Question 4:
What determines whether a person's rights have been materially and adversely affected?
A) The duration of the administrative process
B) The financial implications of the decision
C) The triviality of the effect on their rights
D) The nature of the decisions being made
**Answer:** C) The triviality of the effect on their rights
---
### Question 5:
Which of the following can be described as "evidence"?
A) An explanation for an administrative decision
B) Oral or documentary information provided to the administrator
C) A summary of findings related to a case
D) The rights that are adversely affected by a decision
**Answer:** B) Oral or documentary information provided to the administrator
---
### Question 6:
In the context of the PAJA, "findings" refers to:
A) The reasonings behind a decision only
B) The essential background to a decision but not a complete explanation
C) The evidence in the case
D) The rights of the affected parties
**Answer:** B) The essential background to a decision but not a complete explanation
---
Feel free to adjust or add more questions as needed!