Businesses in regulated sectors depend on decisions made by officials and regulators: licences granted or refused, permits suspended, penalties imposed, approvals withheld. When a decision is wrong in law, or reached unfairly, the Promotion of Administrative Justice Act (PAJA) provides a route to have it reviewed and set aside by the High Court.
Is it administrative action?
PAJA applies to administrative action: a decision by an organ of state, or a person exercising a public power, that adversely affects rights and has a direct, external legal effect. Some decisions fall outside PAJA but can still be challenged on the principle of legality, which is a separate ground with its own requirements. Identifying the correct basis at the outset shapes the whole case.
The grounds of review
PAJA lists the grounds on which a decision may be reviewed. Broadly, these include that the decision-maker was not authorised to make it, that a mandatory procedure or condition was not followed, that the process was procedurally unfair, that the decision was materially influenced by an error of law, that it was not rationally connected to the purpose or the information before the decision-maker, or that it was so unreasonable that no reasonable decision-maker could have made it.
Timelines matter
A review application must be brought without unreasonable delay and, in any event, within 180 days of the date on which internal remedies were concluded, or, if there were none, from when the applicant became aware of the decision or could reasonably have been expected to know about it. Courts can extend this period, but only on good cause and not as a matter of course.
Reasons and internal remedies
If you were not given reasons for a decision, you may request them in writing within the period PAJA allows, and the decision-maker is obliged to respond within a set time. Before going to court, you will generally also need to exhaust any internal appeal or review procedure that is available, unless exceptional circumstances justify an exemption.
Practical advice
Act quickly: record the date you received the decision, ask for reasons, and diarise every deadline. Gather the record of the decision and the supporting documents. And consider early on what relief you actually need, whether that is setting the decision aside, sending it back for reconsideration or a declaration of your rights, because that shapes how the application is framed.
This article is general information only and does not constitute legal advice. The law may have changed since publication, and reading this article does not create an attorney-client relationship. Please consult an attorney about your specific circumstances.
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