PAJA - the Promotion of Administrative Justice Act - governs review of administrative action in SA. An administrative decision can be reviewed on grounds of procedural fairness, legality (acting within powers), rationality, and reasonableness. Review must be brought within 180 days (extendable on good cause). Almost every government decision is reviewable - permits, licences, benefits, procurement awards, permits.
When to hire a judicial review (paja) attorney
- A government department has refused a permit, licence, or benefit.
- A tender award has been made unfairly or unlawfully.
- A disciplinary hearing decision is wrong in law or procedure.
- A regulatory decision (by a sector regulator) is irrational.
- A public-sector employment decision requires review.
What to expect
Obtain the record of decision (Rule 53 notice is a powerful tool), supplement affidavits with legal grounds, and proceed to High Court hearing. Remedies include setting aside, substitution (rare), remittal to the decision-maker with directions, and declaratory relief. Urgency applications can obtain interim relief while review is pending.
Typical fees
PAJA review: R80,000-R400,000+. Urgent interim relief: R60,000-R200,000. Tender reviews (high value): R150,000-R1M+.
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