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Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)

Preamble

 

WHEREAS section 33(1) and (2) of the Constitution provides that everyone has the right to administrative action that is lawful, reasonable and procedurally fair and that everyone whose rights have been adversely affected by administrative action has the right to be given written reasons;

 

AND WHEREAS section 33(3) of the Constitution requires national legislation to be enacted to give effect to those rights, and to-

❖ provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;
❖ impose a duty on the state to give effect to those rights; and
❖ promote an efficient administration;
❖

AND WHEREAS item 23 of Schedule 6 to the Constitution provides that the national legislation envisaged in section 33(3) must be enacted within three years of the date on which the Constitution took effect;

 

AND IN ORDER TO—

❖ promote an efficient administration and good governance; and
❖ create a culture of accountability, openness and transparency in the public administration or in the exercise of a public power or the performance of a public function, by giving effect to the right to just administrative action.