10 HH 29-2007 HC 1786/06 Minister or Deputy Minister of the State. It is therefore not correct that there is no administrative authority in existence to deal with the application. Consequently there is no reason why the relief provided for in terms of section 4 of the Act cannot be availed to the applicant. Indeed it would be most appropriate for an order in terms of section 4(2)(c)for the Minister to be directed to take such administrative action as would put in place conditions and a legal frame work for the application for registration by the applicant to be considered and determined. I am therefore not with the applicant when it suggests that there is in fact no administrative body to deal with its application. The bodies currently constituting the Commission have been disabled by the judgments of the Supreme Court and the High Court but it is within the power of the Minister to deal with such disablement as regards the applicant. Is it a correct submission by the respondents then that the relief the applicant ought to have sought is what is provided for in terms of section 4 of the Administrative Justice Act? Should and can the court, as argued by the applicant issue a mandatory interdict and deem the applicant to be duly registered in terms of the Act? Examining in detail the relief sought by the applicant, it is clear that it is premised on a lack of action on the part of the Commission. What is before me is not the review of a decision made by the Commission. What I have been asked to consider is for this court to place itself in the shoes of the Commission and make the decision whether or not the applicant should be granted a licence to operate a mass media service. This court is in fact being requested to substitute its own discretion for that of the Commission. It might be argued on behalf of the applicant that AIPPA allows no discretion to the Commission to deny a licence save in certain limited circumstances. Whilst this proposition might have substance, it is nevertheless correct that in order to be granted such licence, an applicant needs to satisfy the Commission that there has been compliance with the AIPPA That is an issue that has not been determined by the Commission in casu. The application was not considered. The Commission did not make a finding as to whether or not the applicant had complied with the Act. In order to accede to the relief being sought this court would then to consider whether the applicant has complied with AIPPA and hence itself become the licensing authority. In Affretair (Pvt) Ltd & Anor v MK Airlines (Pvt ) Ltd (supra) the court was faced with the question of when or how far a court may go in usurping the functions of an administrative authority. Quoting from Baxter,10 MCNALLY JA had this to say at p 24D-F. 10 Administrative Law p 681 10