WHEN DOES SECTION 4 OF PAJA APPLY AND WHAT ARE THE REQUIREMENTS
Section 4 of the Promotion of Administrative Justice Act (PAJA) applies when an administrative decision or action taken by a public body or official affects the rights or obligations of an individual or group. In order for Section 4 to apply, the following requirements must be met:
1. The decision or action must be taken by a public body or official exercising a public power or performing a public function.
2. The decision or action must adversely affect the rights or legitimate expectations of the individual or group.
3. The individual or group must have a direct and substantial interest in the matter.
4. The decision or action must be of an administrative nature, meaning it must involve the exercise of a public power or the performance of a public function.
If these requirements are met, the affected individual or group may be able to challenge the decision or action through the administrative justice mechanisms provided for in PAJA, including seeking reasons for the decision, requesting a reconsideration of the decision, or lodging an internal appeal with the public body.