Reasonableness + Rationality part 1 Flashcards
Reasonableness is a minimum threshold of review
False
-Rationality is a minimum threshold of review
“legality rationality” is less intensive than “PAJA rationality”
False
- “PAJA rationality less intensive than “legality raitonality”
“reasonableness” is inherently verifiable
True
- What is reasonable depends on the context
Reasonableness under the common law is formalistic
True
New Clicks held that under the interim constitution, “Justifiable” meant “rational or reasonable”
True
Proportionality is a component of reasonableness under PAJA
False
- Courts have interpreted it to include proportionality.
DA v President held that rationality is concerned with the connection between the means and the ends.
True
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?
True
AA can be irrational if the decision is not linked to the info before the administrator
True
There must be a perfect connection between the means and the ends
False
- Just a mere connection is okay.
Rationality and reasonableness is one ground of review under PAJA
False
- PAJA treats them as different grounds
- Reasonableness goes further (proportionality)
The court in Bato Star recognised proportionality as a ground of review
False
-Medirite case
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
False
- This is for proportionality
- Medirite
Even though PAJA does not speak to the procedure having to be rationally related, procedural rationality still forms part of S6(2)
True
- PG Group case
The courts can usurp the function of the administrator when they deem it fit
False
The courts are bound by the concept of “wednesbury unreasonableness”
False
- “so unreasonable that no reasonable authority could have ver come to it”
- Not helpful
- it is circular
Our courts have agreed that the test for unreasonableness is: a decision that no reasonable person would take is unreasonable
True
In bato star, the courts held that a decision is reviewable where it is one that a reasonable DM would not reach
True
Reasons given for the discretion is a key factor for reasonableness
True
The review functions of the court have a substantive and procedural element to it.
True
- Bato star
Bato star held that all exercises of Pub power must be rational.
False
- Held in Pharm Manu
Rationality is a subjective inquiry
False
- Pharm : it is an objective inquiry
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.
True
The courts in NERSA held that there is no reason why rationality under PAJA should be given a different meaning
True
The courts have held that arbitrariness is inconsistent with the ROL
True
- New National Party case
There is an overlap between arbitrariness and rationality.
True
-But they are still separate concepts
