Question

In Kiva v Minister of Correctional Services held that the applicant’s rights
to both just administrative action and equality by not promoting him.
• Any person who has not been given reasons for the action.
o The person entitled to request reasons in section 5(1) of PAJA must be
someone who has not already been given reasons for the action.
o Reasons must be adequate, inadequate reasons are not reasons.
o The legislation explicitly requires written reasons, meaning oral reasons
are not sufficient as the primary role of reasons is to enable a person
to decide whether his rights to just administrative action have been
adversely affected and the remedy available.
o Where the reasons are not given individually but are published publicly,
the answer will depend on the extent of the publication and the
medium used.
What must be done to obtain reasons?
• A person who qualifies may be within 90 days after the date on which that
person became aware of the decision or might have been reasonably expected
to have become aware of the action.
• The first is a matter of fact and the second would be ascertained based on the
particular circumstances of the administrative decision in question.
• Requirement for the request:
o Must be in writing.
o Addressed to the administrator concerned.
o Sent to the administrator via email, FAX or by hand
• A request for reasons must indicate the administrative action which affected the
rights of the person making the request, and which rights of that person were
materially and adversely affected by the administrative action.
• Section 9(1) provides that the 90 days may be reduced or extended to a fixed
period, by agreement between the parties, by a court in the interest of justice. PROVIDEE MULTIPLE CHOICE QUESTIONS AND ANSWERS

Answer 1

Based on the information provided regarding the Kiva v Minister of Correctional Services case and the relevant provisions of the Promotion of Administrative Justice Act (PAJA), here are some multiple-choice questions with their respective answers:

### Multiple Choice Questions

**Question 1:**
What is a requirement for a person to request reasons for an administrative action under section 5(1) of PAJA?
a) They must have already been given reasons for the action.
b) They must not have been given reasons for the action.
c) They must be an attorney.
d) They must be a public servant.

**Answer:** b) They must not have been given reasons for the action.

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**Question 2:**
Which of the following is NOT considered a sufficient form of providing reasons for an administrative action?
a) Written reasons
b) Oral explanations in a meeting
c) Adequate justification in a letter
d) Public announcement in a published document

**Answer:** b) Oral explanations in a meeting.

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**Question 3:**
What is the stipulated time frame within which a person must request reasons for the administrative action?
a) 30 days
b) 60 days
c) 90 days
d) There is no time frame

**Answer:** c) 90 days.

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**Question 4:**
How must a request for reasons be submitted according to PAJA?
a) Verbal request made in person
b) Unregistered mail
c) In writing, addressed to the administrator
d) Any form of communication, including social media

**Answer:** c) In writing, addressed to the administrator.

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**Question 5:**
Section 9(1) of PAJA allows for what regarding the 90-day period for requesting reasons?
a) It can be completely eliminated.
b) It can be increased or decreased by court order or agreement.
c) It can only be increased by a court order.
d) It cannot be changed under any circumstances.

**Answer:** b) It can be increased or decreased by court order or agreement.

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**Question 6:**
When requesting reasons for an administrative action, what must the request indicate?
a) The personal opinions of the requester
b) The specific administrative action and rights affected
c) The reasons for the administrative action
d) The history of the administrative agency

**Answer:** b) The specific administrative action and rights affected.

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This format should help in understanding the essential concepts derived from the Kiva v Minister of Correctional Services case and the relevant provisions of the Promotion of Administrative Justice Act (PAJA).