Litigants must generally challenge administrative action in
court within 180 days after exhausting internal remedies. If no
internal remedies exist, a litigant must file its papers in court
within 180 days of becoming aware of the action and its reasons, as
required by section 7 of the Promotion of Administrative Justice
Act, 2000 ("PAJA").
Where a litigant fails to institute proceedings within 180 days,
section 9 of PAJA states that the 180-day period may be extended on
application by a litigant to the court. The court may grant the
application where the interests of justice so require.
The question
Does a formal condonation application have to be made to extend
the 180-day period? The simple answer is yes. In two cases, the
Gauteng Division of the High Court, Pretoria, relying on previous
decisions from the Constitutional Court and the Supreme Court of
Appeal, dealt with this question.
