Question
The administrator must within 90 days after receiving the request, give that
person adequate reasons in writing for the administrative action.
• section 9 of PAJA does apply to the 90 days period.
71
• Can the 90 days period be reduced without agreement?
o Sikutshwa v MEC for Social Development, EC, the court held that an
administrator cannot with impunity wait until the 90 days period has
all but expired before furnishing the reasons. The administrator must
furnish the reasons sought as soon as they are available.
o Jikeka v SASSA, The legislature intended the administrator to have
the 90-day period within which to furnish reasons when it
promulgated section 5(2) of PAJA unless circumstances warranted
a reduction in terms of section 9.
o The administrator should not wait until the 90 days period has all
but expired before furnishing the reasons if it is possible to provide
reasons within a shorter period and should not hide behind the
provisions of PAJA.
o The correct procedure would be to apply to court in terms of section
9 for the 90-day period to be reduced, not to apply for reasons to be
furnished before the 90 days period in the absence of an agreement
or a court order.FORMULATE MULTIPLE CHOICE QUESTIONS AND ANSWERS AS MANY AS POSSIBLE
person adequate reasons in writing for the administrative action.
• section 9 of PAJA does apply to the 90 days period.
71
• Can the 90 days period be reduced without agreement?
o Sikutshwa v MEC for Social Development, EC, the court held that an
administrator cannot with impunity wait until the 90 days period has
all but expired before furnishing the reasons. The administrator must
furnish the reasons sought as soon as they are available.
o Jikeka v SASSA, The legislature intended the administrator to have
the 90-day period within which to furnish reasons when it
promulgated section 5(2) of PAJA unless circumstances warranted
a reduction in terms of section 9.
o The administrator should not wait until the 90 days period has all
but expired before furnishing the reasons if it is possible to provide
reasons within a shorter period and should not hide behind the
provisions of PAJA.
o The correct procedure would be to apply to court in terms of section
9 for the 90-day period to be reduced, not to apply for reasons to be
furnished before the 90 days period in the absence of an agreement
or a court order.FORMULATE MULTIPLE CHOICE QUESTIONS AND ANSWERS AS MANY AS POSSIBLE
Answers
GPT-4o mini
Here are multiple-choice questions formulated based on the text you provided:
---
### Question 1:
What is the time frame within which an administrator must provide adequate reasons in writing after receiving a request?
A) 30 days
B) 60 days
C) 90 days
D) 120 days
**Answer:** C) 90 days
---
### Question 2:
According to section 9 of PAJA, can the 90-day period for furnishing reasons be reduced without agreement?
A) Yes, it can be reduced without any conditions.
B) No, it cannot be reduced without agreement or a court order.
C) Yes, it can be reduced at the administrator's discretion.
D) No, but it can be extended indefinitely.
**Answer:** B) No, it cannot be reduced without agreement or a court order.
---
### Question 3:
In the case of Sikutshwa v MEC for Social Development, Eastern Cape, what did the court emphasize about the administrator's duty regarding the 90-day period?
A) The administrator can take the full 90 days without any obligation.
B) The administrator must furnish reasons as soon as they are available and cannot wait until the deadline.
C) The administrator may choose to ignore the request altogether.
D) The administrator has complete freedom to reduce the time frame.
**Answer:** B) The administrator must furnish reasons as soon as they are available and cannot wait until the deadline.
---
### Question 4:
What does the case of Jikeka v SASSA imply about the 90-day period?
A) The period is optional and can be disregarded.
B) The period is meant to give the administrator sufficient time unless circumstances warrant a reduction.
C) The 90 days is a strict deadline that cannot be negotiated.
D) The period can be extended indefinitely based on circumstances.
**Answer:** B) The period is meant to give the administrator sufficient time unless circumstances warrant a reduction.
---
### Question 5:
What is the correct procedure if an administrator wishes to have the 90-day period reduced?
A) Wait until the 90 days are almost expired to apply for reasons.
B) Apply to court in terms of section 9 for the reduction of the 90-day period.
C) Furnish reasons before the 90 days even if not agreed upon.
D) Ignore the time frame and provide reasons whenever convenient.
**Answer:** B) Apply to court in terms of section 9 for the reduction of the 90-day period.
---
### Question 6:
What does the law suggest regarding the administrator hiding behind the provisions of PAJA?
A) The administrator should feel free to use PAJA as a shield.
B) The administrator is discouraged from waiting until the last minute to provide reasons if they can do so sooner.
C) Hiding behind PAJA is legally permissible under all circumstances.
D) PAJA cannot be used to request any changes to the timeframe.
**Answer:** B) The administrator is discouraged from waiting until the last minute to provide reasons if they can do so sooner.
---
These questions assess comprehension of key concepts surrounding the administrative action timeline and legal expectations as outlined in the provided text.
---
### Question 1:
What is the time frame within which an administrator must provide adequate reasons in writing after receiving a request?
A) 30 days
B) 60 days
C) 90 days
D) 120 days
**Answer:** C) 90 days
---
### Question 2:
According to section 9 of PAJA, can the 90-day period for furnishing reasons be reduced without agreement?
A) Yes, it can be reduced without any conditions.
B) No, it cannot be reduced without agreement or a court order.
C) Yes, it can be reduced at the administrator's discretion.
D) No, but it can be extended indefinitely.
**Answer:** B) No, it cannot be reduced without agreement or a court order.
---
### Question 3:
In the case of Sikutshwa v MEC for Social Development, Eastern Cape, what did the court emphasize about the administrator's duty regarding the 90-day period?
A) The administrator can take the full 90 days without any obligation.
B) The administrator must furnish reasons as soon as they are available and cannot wait until the deadline.
C) The administrator may choose to ignore the request altogether.
D) The administrator has complete freedom to reduce the time frame.
**Answer:** B) The administrator must furnish reasons as soon as they are available and cannot wait until the deadline.
---
### Question 4:
What does the case of Jikeka v SASSA imply about the 90-day period?
A) The period is optional and can be disregarded.
B) The period is meant to give the administrator sufficient time unless circumstances warrant a reduction.
C) The 90 days is a strict deadline that cannot be negotiated.
D) The period can be extended indefinitely based on circumstances.
**Answer:** B) The period is meant to give the administrator sufficient time unless circumstances warrant a reduction.
---
### Question 5:
What is the correct procedure if an administrator wishes to have the 90-day period reduced?
A) Wait until the 90 days are almost expired to apply for reasons.
B) Apply to court in terms of section 9 for the reduction of the 90-day period.
C) Furnish reasons before the 90 days even if not agreed upon.
D) Ignore the time frame and provide reasons whenever convenient.
**Answer:** B) Apply to court in terms of section 9 for the reduction of the 90-day period.
---
### Question 6:
What does the law suggest regarding the administrator hiding behind the provisions of PAJA?
A) The administrator should feel free to use PAJA as a shield.
B) The administrator is discouraged from waiting until the last minute to provide reasons if they can do so sooner.
C) Hiding behind PAJA is legally permissible under all circumstances.
D) PAJA cannot be used to request any changes to the timeframe.
**Answer:** B) The administrator is discouraged from waiting until the last minute to provide reasons if they can do so sooner.
---
These questions assess comprehension of key concepts surrounding the administrative action timeline and legal expectations as outlined in the provided text.