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Just Administrative Action


 

The right to just administrative action allows citizens to challenge government regarding the way in which they are treated. It provides the power to review. To give effect to this right, the legislature passed the Promotion of Administrative Justice Act 3 of 2000 (very soon after passing the Promotion of Access to Information Act 2 of 2000). The right allows a court to review administrative action to ensure it is lawful, reasonable and procedurally fair. What constitutes administrative action depends on the facts of each case.


 

Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.

Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.

National legislation must be enacted to give effect to these rights, and must ­

1. provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;
2. impose a duty on the state to give effect to the rights in subsections (1) and (2); and
3. promote an efficient administration.

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