An administrator’s understanding of the law

this would allow the affected persons to determine if the administrator has made
an error of law.
• The administrator’s finding on the facts
It is important for the affected person to know which version of the facts the
administrator relied on.
In Koyabe, it was held that reasons do not have to be specified in detail, it is
also not necessary to show every relevant fact weighed in the ultimate finding.
• Administrator’s reasoning process
It is not sufficient for the reasons to consist solely of the administrator’s
conclusions.
Conclusions alone will not put the aggrieved person in a position where he can
determine whether the decision is lawful, reasonable and rational.
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In Kiva, the court held that the letter contained nothing that can even vaguely
be considered to be a reason as the letter informed him only about the reasons.
• The reasons must be worded in clear and unambiguous language.
Most recipients of administrative action are laypersons.
It is important for the person concerned to be able to understand the reasons.
Vagueness distracts from understanding, clarity, and lucidity.
The courts also mention an appropriate length, which goes hand in hand with
the appropriate level of detail which will be determined by the following factors:
o The complexity of the decision.
o The time available to formulate the statement.
o The nature and importance of the decision.
o In Maletsane the court held that the consequences or effect of the
decision determine the level of detail in the reasons.
• Statement of the decision
The decision must be stated clearly.
• The reasons must not restate the empowering provision.
This relates to the requirement that the reasons must not only include the
conclusion reached but also the reasoning process.
The reasons must be understandable and informative from the outset.
If the reasons refer to an extraneous source, that extraneous source must be
identifiable to the reasonable reader. formulate multiple choice questions as well as the answers

1 answer

Here are some multiple-choice questions based on the provided text along with the correct answers.

Question 1

What is required for an administrator's understanding of the law according to the text? A) The administrator must explain every detail of the case law.
B) The affected persons must be able to determine if the administrator made an error of law.
C) Legal jargon must be used exclusively.
D) The reasons should only summarize previous cases.

Answer: B) The affected persons must be able to determine if the administrator made an error of law.

Question 2

In which case was it held that reasons do not have to be specified in detail? A) Kiva
B) Maletsane
C) Koyabe
D) Smith vs. Jones

Answer: C) Koyabe

Question 3

What did the court find insufficient in Kiva regarding the administrator's decision? A) The letter had too many details.
B) The letter did not provide any tangible reasons for the decision.
C) The letter was too lengthy.
D) The letter was written in complex legal language.

Answer: B) The letter did not provide any tangible reasons for the decision.

Question 4

What must the reasons provided by the administrator be, according to the text? A) Vague and complex
B) Clear and unambiguous
C) Legal jargon heavy
D) Summarized in a single sentence

Answer: B) Clear and unambiguous

Question 5

According to the text, what factors contribute to determining the appropriate level of detail in the reasons? A) Public perception of the decision
B) Complexity of the decision, time available, nature and importance of the decision
C) The administrator's personal opinion
D) The popularity of the issue at hand

Answer: B) Complexity of the decision, time available, nature and importance of the decision

Question 6

What does the statement regarding "statement of the decision" require? A) The decision must use complex legal terminology.
B) The decision must be stated clearly.
C) The decision must avoid mentioning the empowering provision.
D) The decision must be lengthy and detailed.

Answer: B) The decision must be stated clearly.

Question 7

What should the reasons not do concerning the empowering provision? A) They should explicitly cite the provision.
B) They should not restate the empowering provision.
C) They may translate the provision into layman's terms.
D) They should elaborate on the empowering provision's history.

Answer: B) They should not restate the empowering provision.

Question 8

If the reasons refer to an extraneous source, what must be ensured? A) The source should be vague to maintain confidentiality.
B) That extraneous source must be identifiable to the reasonable reader.
C) The source should be a well-known legal case.
D) The source should not be mentioned at all.

Answer: B) That extraneous source must be identifiable to the reasonable reader.

Feel free to modify or expand on any of the questions or answers as needed!