PAJA

Promotion of Administrative Justice Act, 2000 (Act 3 of 2000)

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LAW AND POLICY

LEGISLATION

POLICY

THE CONSTITUTION

Important sections of the Constitution pertaining to the Administrative Justice and Good Governance

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.

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