When Does The Clock Begin To Run Under Section 7(1)(b) Of PAJA?

On 8 April 2024, the Supreme Court of Appeal ("SCA") handed down judgment in the matter of Centre for Child Law and Other v South African Council for Educators and Others, which concerned a challenge against an administrative decision. The SCA considered specifically when the clock begins to run under section 7(1)(b) of the Promotion of Administrative Justice Act 3 of 2000 ("PAJA").

The Centre for Child Law ("CCL") sought to review and set aside the decision of the South African Council for Educators ("SACE") in disciplinary proceedings against two educators who separately assaulted Grade 2 children in school. The children each required hospitalisation for brain injuries following the assault, which was disputed by SACE, who questioned whether the assaults had caused the children's injuries as well as the severity and consequences of the assaults. Whilst the children and their parents were invited to attend the disciplinary proceedings against the educators, they