Administrative Justice

Right to Reasons for Administrative Decisions

A government official denies an application and refuses to provide any explanation.

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What They Said

“Your application was denied — we do not have to tell you why.”
Said by a government official or administrator when a member of the public challenges the refusal of a permit, licence, benefit, or other application.

Appeal to Authority / Suppression of Scrutiny

This statement invokes administrative authority to shut down legitimate inquiry into the basis of a decision. It falsely implies that officials have unreviewable discretion to refuse applications without accountability. In a constitutional democracy, all administrative decisions affecting a person's rights must be rationally based and explained — secrecy in decision-making is not a privilege of government.

Your Legal Foundation

Promotion of Administrative Justice Act 3 of 2000
“Any person whose rights have been materially and adversely affected by administrative action and who has not been given reasons for the action may, within 90 days after the date on which that person became aware of the action or might reasonably have been expected to have become aware of the action, request that the administrator concerned furnish written reasons for the action.”
The person whose application was denied has an express statutory right to demand written reasons within 90 days of becoming aware of the refusal.
Promotion of Administrative Justice Act 3 of 2000
“The administrator to whom the request is made must, within 90 days after receiving the request, give that person adequate reasons in writing for the administrative action.”
Once a request for reasons is made, the administrator is legally obligated to provide written reasons within 90 days.
Constitution of the Republic of South Africa, 1996
“Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.”
The right to reasons is a constitutional guarantee — not a courtesy — and applies to every person whose rights are adversely affected by an administrative decision.

God's Word on This

Proverbs 18:17 (NET)
“The first to state his case seems right, but his opponent will come and cross-examine him.”
Justice requires transparency — a decision made without stated reasons denies the person the ability to mount any meaningful challenge.
Isaiah 1:17 (NET)
“Learn to do what is right. Promote justice. Give the oppressed reason to celebrate. Take up the cause of the orphan. Defend the rights of the widow.”
Demanding accountability from those who hold power over others is an act of justice — asking for reasons is a lawful and moral obligation of the one affected.
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Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “Our decision is confidential — we cannot share the reasons with you.”
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They might say: “You can reapply — there is no need for reasons.”
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They might say: “You have no right to appeal an internal department decision.”
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