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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:
(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.