Reasonableness + Rationality part 1

Question 1

Reasonableness is a minimum threshold of review

Answer 1

False
-Rationality is a minimum threshold of review

Question 2

“legality rationality” is less intensive than “PAJA rationality”

Answer 2

False
- “PAJA rationality less intensive than “legality raitonality”

Question 3

“reasonableness” is inherently verifiable

Answer 3

True
- What is reasonable depends on the context

Question 4

Reasonableness under the common law is formalistic

Answer 4

True

Question 5

New Clicks held that under the interim constitution, “Justifiable” meant “rational or reasonable”

Answer 5

True

Question 6

Proportionality is a component of reasonableness under PAJA

Answer 6

False
- Courts have interpreted it to include proportionality.

Question 7

DA v President held that rationality is concerned with the connection between the means and the ends.

Answer 7

True

Question 8

The test for rationality is: whether the means employed is objectively capable of furthering the purpose for which the power was given and for which the decision was taken?

Answer 8

True

Question 9

AA can be irrational if the decision is not linked to the info before the administrator

Answer 9

True

Question 10

There must be a perfect connection between the means and the ends

Answer 10

False
- Just a mere connection is okay.

Question 11

Rationality and reasonableness is one ground of review under PAJA

Answer 11

False
- PAJA treats them as different grounds
- Reasonableness goes further (proportionality)

Question 12

The court in Bato Star recognised proportionality as a ground of review

Answer 12

False
-Medirite case

Question 13

For a decision to be rational, the decision-maker must show:
1. Balance between adverse + beneficial effects
2. Necessity - are there any less restrictive means?
3. Suitability - use of lawful + appropriate means

Answer 13

False
- This is for proportionality
- Medirite

Question 14

Even though PAJA does not speak to the procedure having to be rationally related, procedural rationality still forms part of S6(2)

Answer 14

True
- PG Group case

Question 15

The courts can usurp the function of the administrator when they deem it fit

Answer 15

False

Question 16

The courts are bound by the concept of “wednesbury unreasonableness”

Answer 16

False
- “so unreasonable that no reasonable authority could have ver come to it”
- Not helpful
- it is circular

Question 17

Our courts have agreed that the test for unreasonableness is: a decision that no reasonable person would take is unreasonable

Answer 17

True

Question 18

In bato star, the courts held that a decision is reviewable where it is one that a reasonable DM would not reach

Answer 18

True

Question 19

Reasons given for the discretion is a key factor for reasonableness

Answer 19

True

Question 20

The review functions of the court have a substantive and procedural element to it.

Answer 20

True
- Bato star

Question 21

Bato star held that all exercises of Pub power must be rational.

Answer 21

False
- Held in Pharm Manu

Question 22

Rationality is a subjective inquiry

Answer 22

False
- Pharm : it is an objective inquiry

Question 23

In Simelane, the court held that one must consider the process as a whole and determine the absence of a connection between a particular step is so unrelated to the end as to taint the whole process with irrationality.

Answer 23

True

Question 24

The courts in NERSA held that there is no reason why rationality under PAJA should be given a different meaning

Answer 24

True

Question 25

The courts have held that arbitrariness is inconsistent with the ROL

Answer 25

True
- New National Party case

Question 26

There is an overlap between arbitrariness and rationality.

Answer 26

True
-But they are still separate concepts