STUDY UNIT 6

Question 1

REASONABLENESS IS:

Answer 1

Reasonableness is a variable standard of review, operates in degrees of scrutiny.

Question 2

REASONABLENESS HAS TO DO:

Answer 2

Reasonableness has to do with reasoning or justification for an administrative decision.

Question 3

REASONABLENESS AS A GROUND OF REVIEW UNDER THE CONSTITUTION:

Answer 3

Section 33 of the Constitution merely states that administrative action must be reasonable, without imposing any condition.

Question 4

TWO ELEMENTS OF REASONABLESS:

Answer 4

1. Rationality - section 6(2)(f)(ii)
2. Proportionality- section 6(2)(h)

Question 5

SECTION 6(2)(f)(ii):

Answer 5

an administrative action is reviewable if there is no rational connection between the decision of the administrator and:
aa. the purpose for which it was taken
bb. the purpose of the empowering provision
cc. the information before the administrator
dd. the reasons given for it by the administrator.

Question 6

SECTION 6(2)(h):

Answer 6

an administrative action is reviewable if:
“the exercise of power or the performance of function authorised by the empowering provision, in pursuance of which the administrative action was purportedly taken, is so unreasonable that no reasonable person could have so exercised the power or performed the function.”

Question 7

BATO STAR 2004, FACTORS TO DETERMINE WHETHER A DECISION IS REASONABLE OR NOT:

Answer 7

1. the nature of the decision
2. the identity and expertise of the decision-maker
3. the range of factors to the decision
4. the reasons given for the decision
5. the nature of the competing interests involved
6. the impact of the decision on the lives and well-being of those affected.

Question 8

ELEMENTS OF PROPORTIONALITY:

Answer 8

1. Balance
2. Necessity
3. Suitability

Question 9

REASONABLENESS IS CONTINUUM:

Answer 9

Reasonableness is a continuum beginning with rationality and ending with proportionality.