Promotion of Administrative Justice Act

The Promotion of Administrative Justice Act (PAJA) is an important piece of South African legislation, and the cornerstone of administrative law in South Africa.

The South African Law Commission’s draft Administrative Justice Bill described the concept of "administrative action" widely: any action or decision performed by an organ of state or any exercise of public power other than executive, legislative or judicial action. The definition of administrative action ultimately enacted in PAJA was "considerably more complicated and qualified." Section 1 of the PAJA defines administrative action as "any decision taken, or any failure to take a decision, by

Currie and De Waal write that, "although one begins with the definition of ‘administrative action’, the enquiry into the scope of application of the Act does not end there." Because administrative action as defined is confined to "decisions," "one must also consider the definition of 'decision' in s 1." In turn, because the definition of "decision" confines decisions to conduct "of an administrative nature" in terms of an "empowering provision," "it must be read with the definition of 'empowering provision.'" Finally, because "decision" includes failure to take a decision, the definition must be read with the definition of "failure" (which includes a refusal to take a decision).

In summary, an action will qualify as administrative action under the PAJA if it is

Procedurally fair in terms of Promotion of Administrative justice Act 3 of 2000 is discussing as follows; Sections 3 (1) provides that an administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair. (2)(a) A fair administrative procedure depends on the circumstances of each case. Procedurally fair in terms of Promotion of Administrative justice Act 3 of 2000 is discussing as follows; Sections 3 (1) provides that an administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair. (2)(a) A fair administrative procedure depends on the circumstances of each case.

In 1993 Baxter argued that a

genuinely participatory, responsive, accountable, affordable and efficient system of administrative decision-making is attainable in South Africa, and every South African, no matter how poor or disadvantaged, is entitled- to nothing less. The new system of government must, of course, be tailored to the limited resources available. But those multitudes of South Africans, who have too long had to endure the insult of second- and third-class citizenship, should not now be prepared to settle for second- or third-class administrative justice and accountability.

Cora Hoexter believes that "the Constitution and, to a lesser extent, the PAJA have brought about a good deal of the reform Baxter hoped for. Indeed, in many ways expectations reasonably held in the years before 1994 were exceeded by the sweeping nature of the constitutional reform that actually took place." The Constitution offers a multitude of checks on the use of public power at every level, and the administrative system today is replete with safeguards against secrecy, arbitrariness and maladministration. "While some of these safeguards may not be functioning optimally, it may seem absurd to ask for more at this stage of South Africa’s development."

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