Topic 3: Administrative Justice in the Contemporary State
The right to administrative justice in South Africa is constitutionally protected by the Constitution of the Republic of South Africa, 1996, and further detailed in the Promotion of Administrative Justice Act (PAJA), Act 3 of 2000. This right ensures that all public officials act in a lawful, reasonable, and procedurally fair manner when delivering services.
Constitutional Meaning of Administrative Justice:
Lawfulness: All administrative actions must be authorized by law.
Reasonableness: Administrative actions must meet a standard of rationality and reasonableness.
Procedural Fairness: Public officials must follow fair procedures when making decisions that affect individuals or the public.
Right to Written Reasons: Individuals whose rights are adversely affected by an administrative decision have the right to request and receive written reasons for that decision.
These principles are embedded in the Constitution's Section 33, which sets the foundation for just administrative action. Furthermore, public officials must be aware of the needs of the South African people and take those needs into account when making decisions.
The Role of the PAJA:
PAJA echoes the four components of administrative justice:
Lawfulness,
Reasonableness,
Procedural fairness,
Duty to provide reasons.
Accountability and Judicial Review:
Public officials are held accountable for their actions through mechanisms such as judicial review, which allows individuals to challenge administrative actions that do not comply with constitutional and legal standards. Section 34 of the Constitution ensures the right to access courts for these reviews. However, judicial review is considered a last resort, with non-judicial mechanisms, such as internal reviews and appeals, also available.
Chapter 9 institutions, like the Public Protector, may also be approached for complaints about administrative injustice.
Rational Decision-Making and Accountability:
Rational decision-making requires public officials to justify their decisions based on a logical connection between the action taken and its purpose. This ensures accountability by promoting transparency in the decision-making process.
Procedural Fairness and Public Involvement:
Procedural fairness requires public officials to consider all relevant information before making decisions, which enhances the quality of administrative actions. Public involvement in administrative decisions, such as through consultation or a notice-and-comment procedure, helps ensure that decisions are responsive to the needs of the public and align with constitutional accountability principles.
Importance of Written Reasons:
Providing written reasons promotes transparency and allows individuals to understand why decisions were made, which can enhance the public’s confidence in administrative processes. It also serves as a safeguard against arbitrary or secretive decision-making, fostering a culture of openness and accountability in public administration.
The Role of Reasons in Decision-Making:
At the heart of accountability is the necessity for a correct and proper decision-making process for public officials. The provision of reasons for decisions can positively influence this process by demonstrating that the decision was formalized, structured, and reasoned. This approach leads to improved decision-making and enhances the acceptability of the decisions. Reasons help structure the decision-making process and promote consistency and rationality, contributing to better-quality outcomes.
The obligation to explain decisions compels decision-makers to carefully examine the facts of each case. Affected individuals need to understand the rationale behind various administrative actions, such as why applications for passports, business licenses, permits, grants, pensions, or temporary residence permits were approved or denied. This transparency is essential for fostering trust in the administrative process and ensuring that public officials remain accountable to the citizens they serve.