review of decisions of decisions of the registrar - Pension Lawyers ...

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• Where a decision of the registrar is a finaldecision which adversely affects the rightsof any person, and involves the exercise ofpublic power, then it will generally be‘administrative action’.(See Pepcor Retirement Fund v FSB 2003 (6)(See Pepcor Retirement Fund v FSB 2003 (6)SA 38 (SCA) and the definition of ‘administrativeaction’ in section 1 of PAJA.)
• The registrar may, however, make amistake in carrying out his powers. Sucha mistake can relate to:– A wrong decision, based on the facts beforeit;– An incorrect procedure adopted; or– A decision which is wrong because it wasbased on incorrect facts or law placed beforethe registrar.• Can the registrar correct such a mistake?
Page 1 and 2: REVIEW OFDECISIONS OFTHE REGISTRART
Page 3: • Powers of the registrar in term
Page 7 and 8: • Functus Officio doctrine- Once
Page 9 and 10: • See Pering Mine (Pty) Ltd v Dir
Page 11 and 12: • Section 6 of PAJA sets the grou
Page 13 and 14: • Section 7(3) of PAJA recognises
Page 15 and 16: • Remedies of the High Court (sec
Page 17 and 18: • In addition to review by the Hi
Page 19 and 20: • Practical Example:• Section 1
Page 21 and 22: • Assuming that the registrar is
Page 23 and 24: • Note that only an ‘aggrieved
Page 25 and 26: • Ultimately this question will h
Page 27: - k• Nichol v Registrar of Pensio

review of decisions of decisions of the registrar - Pension Lawyers ...

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