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HC 1786/06
administrative authority and I will not be-labour the point herein. It is obvious in this case that
further delay in dealing with the registration of the applicant will cause prejudice to the applicant and
in an abstract sense to its readership. The applicant made its application in 2003 and four years on it
has still not been registered. Whilst the initial mistake might be laid at the door of the applicant that
it chose not bring itself within the ambit of the Act upon its promulgation, it has now sought to do so
and a wait of four years cannot be found to be but prejudicial to it. It is however not in every
instance where the existence of delay will cause the court to assume to itself the discretion which is
vested in the administrative authority, even where the decision maker itself is the cause of such
delay. See Johannesburg City Council v Administrator, Transvaal.13 Where delay is a factor the
object should be to minimize future delays. I do not believe that an order deeming the applicant
registered will necessarily achieve that object.
Although there was bias found on the part of the Commission and its chairman, no such finding
can be alluded against the Minister. He has stated in his affidavit that he was never afforded an
opportunity to address the problem and wants the opportunity to deal with the matter in terms of
section 4 of the Administrative Justice Act. The contention by the Minister is that instead of seeking
the order in the draft, the applicant should have approached the court for an order that he be
compelled to act in accordance with the provisions of the Administrative Justice Act. I must state
that I agree with those remarks. Section 3 of the Act enjoins an administrative authority to act
lawfully reasonably and within the period specified by law. In the absence of due compliance by the
administrative authority, section 4 provides for remedies appropriate to the circumstances. I did not
hear the applicant say that the remedies provided for in the Act are inadequate for its purposes. I am
not satisfied that there is herein such bias against the applicant that sending the matter to the Minister
to deal with is going to be futile.
A court where it is an as good a position as the administrative authority to make the decision can
itself assume the functions of the administrative authority upon application by an aggrieved party. I
have already spoken on the lack of capacity by this court to determine whether or not there has been
due compliance by the applicant with the provisions of AIPPA. Apart from the Act itself regulations
to facilitate the applications exist. The regulations, apart from providing for the standard forms that
have to be completed require that a business plan be produced to the administrative authority. There
is also a requirement for a market analysis, particulars of financial resources, and particulars of
previous experience in the provision of mass media services. I did not hear the applicant to argue
that the court could place itself in the shoes of the administrative authority and deal with the
13

1969 (2) SA 72

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