Topic 3: Administrative Justice in the Contemporary State

Administrative Justice

The right to lawful, reasonable, and procedurally fair actions by public officials in South Africa.

Constitution of the Republic of South Africa, 1996

The foundational legal document that protects the right to administrative justice.

Promotion of Administrative Justice Act (PAJA)

Act 3 of 2000 that details the principles of administrative justice in South Africa.

Lawfulness

Requirement that all administrative actions must be authorized by law.

Reasonableness

Standard that administrative actions must meet rationality and reasonableness criteria.

Procedural Fairness

Obligation for public officials to follow fair procedures in decision-making.

Right to Written Reasons

Entitlement for individuals to request and receive written explanations for adverse administrative decisions.

Section 33

Constitutional provision that establishes the foundation for just administrative action.

Accountability

The responsibility of public officials to justify their actions and decisions.

Judicial Review

Legal process allowing individuals to challenge administrative actions that violate constitutional standards.

Section 34

Constitutional guarantee of the right to access courts for judicial reviews.

Chapter 9 Institutions

Bodies like the Public Protector that address complaints about administrative injustice.

Rational Decision-Making

Requirement for public officials to justify decisions logically and transparently.

Public Involvement

The necessity for public officials to consider relevant information and engage the public in decision-making.

Importance of Written Reasons

Enhances transparency and public confidence in administrative processes.

Decision-Making Process

The structured approach that public officials must follow to ensure accountability and rationality.

Transparency

The quality of being open and clear about decision-making processes and outcomes.

Trust in Administration

The confidence citizens have in public officials based on accountability and transparency.

Consistency in Decisions

The need for public officials to make decisions that are uniform and rational across similar cases.

Safeguard Against Arbitrary Decisions

The role of written reasons in preventing secretive or unjust administrative actions.