The Promotion of Administrative Justice Act, 3 of 2000 (PAJA) allows for good governance and it regulates the exercise o
Posted: Sun May 08, 2022 7:54 pm
The Promotion of Administrative Justice Act, 3 of 2000 (PAJA)
allows for good governance and it regulates the exercise of power
given to public officials. It also serves the purpose of ensuring
that the public takes part in the decision-making process when it
comes to public decisions being made. According to Section 33 of
the Republic of the South African Constitution, Act 108 of 1996
national legislation needed to be enacted to give effect to the
right to just administrative action, hence PAJA was enacted. PAJA
adds flesh and content to the right to just administrative action
as contained in the Constitution. Bleazard et al. (2018: 24-25)
states that the level of administrative justice has currently
increased enormously over the past twenty years. Hoexter (2015:
213) beautifully likens the development of administrative law in
South Africa to “sleeping beauty waking up after decades”. (Source:
Bleazard, J., Budlender, S. and Corder, H. (2018) Administrative
Justice in South Africa an Introduction. Fifth Edition. Cape Town:
Oxford University Press; and Hoexter, C. (2015) Administrative Law
in South Africa. Second Edition. Cape Town: Juta and Company (Pty)
Ltd). Answer ALL the questions in this section. Question 1 (20
Marks) Provide a discussion on the current state of administrative
action and comment on whether the Promotion of Administrative
Justice Act should be reviewed to ensure more effective
implementation of the Act.
allows for good governance and it regulates the exercise of power
given to public officials. It also serves the purpose of ensuring
that the public takes part in the decision-making process when it
comes to public decisions being made. According to Section 33 of
the Republic of the South African Constitution, Act 108 of 1996
national legislation needed to be enacted to give effect to the
right to just administrative action, hence PAJA was enacted. PAJA
adds flesh and content to the right to just administrative action
as contained in the Constitution. Bleazard et al. (2018: 24-25)
states that the level of administrative justice has currently
increased enormously over the past twenty years. Hoexter (2015:
213) beautifully likens the development of administrative law in
South Africa to “sleeping beauty waking up after decades”. (Source:
Bleazard, J., Budlender, S. and Corder, H. (2018) Administrative
Justice in South Africa an Introduction. Fifth Edition. Cape Town:
Oxford University Press; and Hoexter, C. (2015) Administrative Law
in South Africa. Second Edition. Cape Town: Juta and Company (Pty)
Ltd). Answer ALL the questions in this section. Question 1 (20
Marks) Provide a discussion on the current state of administrative
action and comment on whether the Promotion of Administrative
Justice Act should be reviewed to ensure more effective
implementation of the Act.