Promotion of Administrative Justice Act, 2000 (Act 3 of 2000)
LAW AND POLICY
- The Promotion of Administrative Justice Act, 2000 (Act 3 of 2000) - English ll Zulu ll German
- Regulations on Fair Administrative Procedures, 2002
- DRAFT: Code of Good Administrative Conduct _v2 (2006)
- Promotion of Administrative Justice Act: Rules: Procedure for judicial review of administrative action - G 32622, RG 9165, GoN 966), 9 October 2009
- Batho Pele White Paper (Notice 1457 of 1997). Other information realting to Batho Pele can be found on the DPSA's website.
Important sections of the Constitution pertaining to the Administrative Justice and Good Governance
- Section 33 of the constitution
- Section 195 of the constitution
- Constitution of the Republic of South Africa, 1996
Section 33 of the Constitution:
'Just administrative action:
1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.
2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons'
Section 195 of the Constitution:
Basic values and principles governing public administration
195. (1) Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:
- A high standard of professional ethics must be promoted and maintained.
- Efficient, economic and effective use of resources must be promoted.
- Public administration must be development-oriented.
- Services must be provided impartially, fairly, equitably and without bias.
- People's needs must be responded to, and the public must be encouraged to participate in policy-making.
- Public administration must be accountable.
- Transparency must be fostered by providing the public with timely, accessible and accurate information.
- Good human-resource management and career-development practices, to maximise human potential, must be cultivated.
- Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.
(2) The above principles apply to administration in every sphere of government; organs of state; and public enterprises.
(3) National legislation must ensure the promotion of the values and principles listed in subsection (1).
(4) The appointment in public administration of a number of persons on policy considerations is not precluded, but national legislation must regulate these appointments in the public service.
(5) Legislation regulating public administration may differentiate between different sectors, administrations or institutions.
(6) The nature and functions of different sectors, administrations or institutions of public administration are relevant factors to be taken into account in legislation regulating public administration.