Unlawful or Unauthorised
- Decision-maker lacked legal authority
- Ultra vires action
- Exceeded delegated powers
Challenging Unlawful State Action
Administrative & Constitutional Law Specialists
When government departments, regulatory bodies, or public officials make decisions that affect your rights or business, those decisions must be lawful, reasonable, and procedurally fair. Reddy Inc. provides expert representation in administrative and constitutional law matters, ensuring state power is exercised properly and your rights are protected.
Administrative Law
Judicial Review & PAJA Applications
The Promotion of Administrative Justice Act (PAJA) provides the framework for challenging administrative decisions. Whether you’re contesting a licence refusal, disciplinary outcome, tender award, or regulatory decision, we have the expertise to navigate the complex requirements of administrative law.
Our attorneys regularly appear before High Courts across South Africa, bringing applications for judicial review and defending administrative decisions on behalf of public and private sector clients.
Administrative Law Services
- Judicial Review Applications — Challenging unlawful administrative action
- PAJA Proceedings — Applications under the Promotion of Administrative Justice Act
- Regulatory Disputes — Contesting decisions by regulatory authorities
- Licence & Permit Applications — Appeals and reviews of refusals
- Disciplinary Appeals — Challenging professional and industry body decisions
- Tender Disputes — Procurement irregularities and unfair award challenges
Grounds for Review of Administrative Decisions
When Can You Challenge a Government Decision?
PAJA sets out specific grounds for reviewing administrative action. We assess your matter against these criteria to determine prospects of success.
Procedurally Unfair
- Inadequate notice or opportunity to respond
- Biased decision-making
- Breach of natural justice
Unreasonable or Irrational
- Decision no reasonable person would make
- Arbitrary or capricious
- Ignoring relevant considerations
Legally Flawed
- Error of law in interpretation
- Incorrect legal test applied
- Misunderstanding of applicable law
Improper Purpose
- Decision for wrong reasons
- Ulterior motives
- Abuse of power
Ignoring Relevant Facts
- Failed to consider material evidence
- Overlooked important factors
- Disregarded submissions
Irrelevant Considerations
- Considered improper factors
- Gave weight to irrelevant matters
- Influenced by extraneous issues
Unreasonable Delay
- Undue delay in making decision
- Prejudice caused by delay
- Failure to decide within prescribed time
Breach of Legitimate Expectation
- Failed to honour representations made
- Departed from established practice
- Violated procedural expectations
Protecting Fundamental Rights & Constitutional Principles
South Africa’s Constitution is the supreme law, guaranteeing fundamental rights and establishing principles of good governance. When these rights are violated or constitutional principles ignored, legal remedies are available.
We represent clients in constitutional litigation, bringing applications to enforce rights and challenge unconstitutional conduct by state and private actors where constitutional provisions apply.
Constitutional Law Services
- Bill of Rights Litigation — Enforcing fundamental constitutional rights
- Constitutional Challenges — Contesting unconstitutional legislation or conduct
- Equality & Discrimination Matters — Unfair discrimination claims
- Access to Information — PAIA applications and appeals
- Procedural Fairness — Ensuring proper processes are followed
- Good Governance Disputes — Accountability and transparency matters
Why Choose Reddy Inc.
Experienced Constitutional & Administrative Law Advocates
Administrative and constitutional law requires specialised knowledge and strategic litigation skills. Our team brings both to every matter.
Litigation Experience
- Regular High Court appearance
- Successful judicial review applications
- Both applicant and respondent representation
Legislative Expertise
- Deep knowledge of PAJA and constitutional law
- Understanding of sector-specific regulations
- Current with case law developments
Public & Private Sector Experience
- Represented government departments
- Advised regulators and public entities
- Acted for private clients against the state
Strategic Application Drafting
- Comprehensive founding affidavits
- Persuasive legal argument
- Anticipating counter-arguments
Results-Focused Approach
- Realistic assessment of prospects
- Cost-benefit analysis before proceeding
- Alternative dispute resolution where appropriate
Understanding of Urgency
- Swift response to urgent matters
- Familiarity with urgent application procedures
- Ability to mobilise quickly when necessary
Administrative Law FAQs
Understanding Your Rights to Challenge State Decisions
Administrative law can seem complex, but understanding the basics helps you protect your rights effectively.
Administrative action is a decision or failure to make a decision by an organ of state or person exercising a public power that adversely affects rights and has a direct, external legal effect. It includes decisions by government departments, municipalities, regulators, and certain statutory bodies.
Generally, you must bring a judicial review application within 180 days of becoming aware of the administrative action and its reasons. However, courts have discretion to condone late applications where good cause is shown. Time limits are strictly enforced, so seek legal advice promptly.
Usually, yes. PAJA requires you to exhaust internal remedies before approaching a court, unless there are compelling reasons not to. This means using any internal appeal or review processes the administrative body offers. We can advise whether your circumstances justify bypassing internal remedies.
Courts can set aside the administrative decision, order the decision-maker to reconsider with proper process, substitute their own decision (in limited circumstances), award costs, and grant interim relief pending the review. The remedy depends on the nature of the unlawfulness identified.
Costs vary depending on complexity, urgency, and whether the matter is opposed. High Court litigation involves counsel fees, expert reports (if needed), and court fees. We provide detailed cost estimates upfront and discuss funding options. Remember that if successful, you may recover costs from the unsuccessful party.
Anyone whose rights are adversely affected by administrative action has standing to challenge it—individuals, companies, NGOs, and community organisations. The Constitution and PAJA protect everyone’s right to lawful, reasonable, and procedurally fair administrative action.
Don't Accept Unlawful Decisions
Protecting Fundamental Rights & Constitutional Principles
South Africa’s Constitution is the supreme law, guaranteeing fundamental rights and establishing principles of good governance. When these rights are violated or constitutional principles ignored, legal remedies are available.
We represent clients in constitutional litigation, bringing applications to enforce rights and challenge unconstitutional conduct by state and private actors where constitutional provisions apply.
- Experienced attorneys who regularly appear in administrative law matters
- Thorough assessment of your prospects before committing to litigation
- Strategic approach combining legal expertise with practical commercial sense
- Understanding of both public and private sector perspectives
- National reach for matters across all provinces and High Court divisions
Related Legal Services
Comprehensive Legal Solutions
From commercial transactions to courtroom litigation, estate planning to regulatory compliance, Reddy Inc. offers integrated legal services across multiple disciplines. Discover how our expertise can support your broader legal needs.
Commercial Law Services
Contract drafting, business disputes & compliance. Expert representation for SMEs and corporations across South Africa.
Insurance Law Specialists
Short & long-term insurance claims. Policy disputes, insurer representation. Resolving insurance matters efficiently.Third Party Claims
Motor vehicle accidents, RAF claims & liability disputes. Recover damages, medical costs & loss of income. Expert advocacy.
Labour Law Experts
CCMA representation, unfair dismissals, employment contracts. Protecting employers and employees in workplace disputes.Insolvency Services
Liquidations, sequestrations & business rescue. Creditor and debtor representation. Navigating financial distress strategically.Estate Administration
Deceased estates, wills, executor services & estate planning. Professional, compassionate guidance through complex processes.
Debt Collection Services
Efficient debt recovery, foreclosures & asset-based recoveries. From demand letters to judgment enforcement nationwide.
Compliance Services
POPI Act compliance, industry regulations & corporate governance. Navigate South Africa's regulatory environment confidently.Family Law Specialists
Divorce, child custody, maintenance & parental rights. Compassionate yet strategic representation for family matters.Civil Litigation Services
High Court & Magistrates Court representation. Commercial disputes, contract claims & civil matters across South Africa.General Litigation
Comprehensive litigation across all dispute types. Experienced court representation in commercial, civil & contractual matters.
