To give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996; and to provide for matters incidental thereto.
[Para. (gg) substituted by s. 26 of Act 55 of 2003.
[Definition of 'court' substituted by s. 1 of Act 53 of 2002.
in order to promote an efficient administration and if it is reasonable and justifiable in the circumstances, permit an administrator to vary any of the requirements referred to in section 3 (2), 4 (1) (a) to (e) , (2) and (3) or 5 (2), in a manner specified in the notice.
Any exemption or permission granted in terms of subsection (1) must, before publication in the Gazette , be approved by Parliament.
Administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair.
(a) A fair administrative procedure depends on the circumstances of each case.
[Sub-para. (i), previously para. (a) , renumbered by s. 46 of Act 42 of 2001.
a reasonable opportunity to make representations; [Sub-para. (ii), previously para. (b) , renumbered by s. 46 of Act 42 of 2001.
a clear statement of the administrative action; [Sub-para. (iii), previously para. (c) , renumbered by s. 46 of Act 42 of 2001.
[Sub-para. (iv), previously para. (d) , renumbered by s. 46 of Act 42 of 2001.
adequate notice of the right to request reasons in terms of section 5. [Sub-para. (v), previously para. (e) , renumbered by s. 46 of Act 42 of 2001.
appear in person.
If it is reasonable and justifiable in the circumstances, an administrator may depart from any of the requirements referred to in subsection (2).
Where an administrator is empowered by any empowering provision to follow a procedure which is fair but different from the provisions of subsection (2), the administrator may act in accordance with that different procedure.
the need to promote an efficient administration and good governance.
convey by such other means of communication which the administrator considers effective, the information referred to in item (a) to the public concerned.
comply with the procedures to be followed in connection with notice and comment procedures, as prescribed.
If it is reasonable and justifiable in the circumstances, an administrator may depart from the requirements referred to in subsections (1) (a) to (e) , (2) and (3).
[Date of commencement of s. 4: 31 July 2002.
Any person whose rights have been materially and adversely affected by administrative action and who has not been given reasons for the action may, within 90 days after the date on which that person became aware of the action or might reasonably have been expected to have become aware of the action, request that the administrator concerned furnish written reasons for the action.
The administrator to whom the request is made must, within 90 days after receiving the request, give that person adequate reasons in writing for the administrative action.
If an administrator fails to furnish adequate reasons for an administrative action it must, subject to subsection (4) and in the absence of proof to the contrary, be presumed in any proceedings for judicial review that the administrative action was taken without good reason.
An administrator may depart from the requirement to furnish adequate reasons if it is reasonable and justifiable in the circumstances, and must forthwith inform the person making the request of such departure.
In order to promote an efficient administration, the Minister may, at the request of an administrator, by notice in the Gazette publish a list specifying any administrative action or a group or class of administrative actions in respect of which the administrator concerned will automatically furnish reasons to a person whose rights are adversely affected by such actions, without such person having to request reasons in terms of this section.
The Minister must, within 14 days after the receipt of a request referred to in paragraph (a) and at the cost of the relevant administrator, publish such list, as contemplated in that paragraph.
Any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action.
the action is otherwise unconstitutional or unlawful.
the administrator has failed to take that decision before the expiration of that period, institute proceedings in a court or tribunal for judicial review of the failure to take the decision within that period on the ground that the administrator has a duty to take the decision notwithstanding the expiration of that period.
where no such remedies exist, on which the person concerned was informed of the administrative action, became aware of the action and the reasons for it or might reasonably have been expected to have become aware of the action and the reasons.
Subject to paragraph (c) , no court or tribunal shall review an administrative action in terms of this Act unless any internal remedy provided for in any other law has first been exhausted.
Subject to paragraph (c) , a court or tribunal must, if it is not satisfied that any internal remedy referred to in paragraph (a) has been exhausted, direct that the person concerned must first exhaust such remedy before instituting proceedings in a court or tribunal for judicial review in terms of this Act.
A court or tribunal may, in exceptional circumstances and on application by the person concerned, exempt such person from the obligation to exhaust any internal remedy if the court or tribunal deems it in the interest of justice.
The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must, before 28 February 2009, subject to the approval of the Minister, make rules of procedure for judicial review.
[Sub-s. (3) substituted by s. 27 (a) of Act 55 of 2003 and by s. 29 of Act 66 of 2008.
Until the rules of procedure referred to in subsection (3) come into operation, all proceedings for judicial review under this Act must be instituted in a High Court or another court having jurisdiction.
[Sub-s. (4) substituted by s. 27 (b) of Act 55 of 2003.
Any rule made under subsection (3) must, before publication in the Gazette , be approved by Parliament.
as to costs.
90 days or 180 days referred to in sections 5 and 7 may be extended for a fixed period, by agreement between the parties or, failing such agreement, by a court or tribunal on application by the person or administrator concerned.
The court or tribunal may grant an application in terms of subsection (1) where the interests of justice so require.
The head of an administrative region defined in section 1 of the Magistrate's Courts Act, 1944 (Act 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of the Magistrate's Court designated by the Minister in terms of section 1 of this Act.
A presiding officer must perform the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.
as contemplated in subsection (5), and whose name has been included on the list contemplated in subsection (4) (a) , may be designated in terms of subsection (1).
or who has been designated in terms of subsection (1).
The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (5).
[S. 9A inserted by s. 2 of Act 53 of 2002.
the procedures to be followed in connection with requests for reasons.
subject to subsection (3), give effect to any advice or recommendations by the advisory council referred to in paragraph (a).
This section may not be construed as empowering the Minister to make regulations, without prior consultation with the Minister for the Public Service and Administration, regarding any matter which affects the public service.
[Sub-s. (3) substituted by s. 42 of Act 30 of 2007.
made under subsection (2) (a) and (b) must, before publication in the Gazette , be approved by Parliament.
Any regulation made under subsections (1) and (2) or any provision of the code of good administrative conduct made under subsection (5A) which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.
The Minister must, by notice in the Gazette , publish a code of good administrative conduct in order to provide administrators with practical guidelines and information aimed at the promotion of an efficient administration and the achievement of the objects of this Act.
The code of good administrative conduct referred to in subsection (5A) must, before publication in the Gazette , be approved by Cabinet and Parliament and must be made before 28 February 2009.
[Sub-s. (6) substituted by s. 30 of Act 66 of 2008.
[S. 10 substituted by s. 15 of Act 22 of 2005.
No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 7 (3).
[S. 10A inserted by s. 31 of Act 66 of 2008.
This Act is called the Promotion of Administrative Justice Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.
To amend the Promotion of Administrative Justice Act, 2000, so as to amend a definition and to provide for the training of presiding officers in the magistrates' courts for purposes of the Act; and to provide for matters connected therewith.
1 Amends section 1 of the Promotion of Administrative Justice Act 3 of 2000 by substituting the definition of 'court'.
2 Inserts section 9A in the Promotion of Administrative Justice Act 3 of 2000.
This Act is called the Promotion of Administrative Justice Amendment Act, 2002.