Time Limits for Challenging Administrative Policies and Guidance

Time is short for bringing a claim by way of judicial review. What triggers time running under the Civil Procedure Rules is therefore highly significant. This article examines the trigger for bringing a challenge to administrative policy or guidance. Such documents seek to guide public bodies as to how to exercise their decision-making functions. They can themselves be subject to judicial review. As to the timing to bring such a challenge, the law currently draws a distinction between claims which are related to an impact upon the claimant, and those where the claim is brought in the abstract. More rooted in principle and practical reality would be to distinguish grounds of challenge which argue that a policy was directing a decision-maker to act unlawfully, from those claims which merely argue that there had been a legal flaw in the adoption of the policy. For the former type of challenge, this article argues that there should be no time limit for bringing a claim, albeit a court would be able to refuse relief or make a prospective-only quashing order, in the exercise of its discretion.

Authors

Publication Details

Journal
Apollo (University of Cambridge)
Published
2026-01-22
DOI
https://doi.org/10.17863/cam.125041
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
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article

Time Limits for Challenging Administrative Policies and Guidance

Alistair Mills
Apollo (University of Cambridge)
Legal Issues in South Africa
article

Time Limits for Challenging Administrative Policies and Guidance

Alistair Mills
article en

Abstract

Time is short for bringing a claim by way of judicial review. What triggers time running under the Civil Procedure Rules is therefore highly significant. This article examines the trigger for bringing a challenge to administrative policy or guidance. Such documents seek to guide public bodies as to how to exercise their decision-making functions. They can themselves be subject to judicial review. As to the timing to bring such a challenge, the law currently draws a distinction between claims which are related to an impact upon the claimant, and those where the claim is brought in the abstract. More rooted in principle and practical reality would be to distinguish grounds of challenge which argue that a policy was directing a decision-maker to act unlawfully, from those claims which merely argue that there had been a legal flaw in the adoption of the policy. For the former type of challenge, this article argues that there should be no time limit for bringing a claim, albeit a court would be able to refuse relief or make a prospective-only quashing order, in the exercise of its discretion.

Apollo (University of Cambridge)
Peace, Justice and strong institutions
Openalex Percentile: Top 82%
Legal Issues in South Africa
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Time Limits for Challenging Administrative Policies and Guidance — Alistair Mills · Apollo (University of Cambridge) (2026) | TGRS Research Map | TGRS