PAJA: Promotion of Administrative Justice Act

Have you ever felt aggrieved about any official decision taken that affects your interests? If so then read on!

Sections 33(1) and (2) of our Constitution provides that everyone has the right to administrative action that is fair, lawful and reasonable, as well as the reasons for such action.

In this context, mention must be made of the Batho Pele White Paper which gave guidance for the transformation of the public service. It is all about giving good customer service to the users of government services.

There are 8 principles or guidelines for Batho Pele in the White Paper. They are:

1. Consultation
2. Service Standards
3. Access
4. Courtesy
5. Information
6. Openness and Transparency
7. Redress / Dealing with complaints
8. Best Value

The Promotion of Administrative Justice Act of South Africa (PAJA) gives effect to some of these principles. It requires organs of state or quasi-state organs to provide those who have been negatively affected by a decision with reasonable explanations for such decisions. 

The PAJA provides that administrators must:

• Follow fair procedures when making decisions;
• Allow affected persons an opportunity to  make representations before taking any decision that might negatively affect their rights;
• Provide explanations for their decisions;
• Inform affected persons of any internal and external appeal or review procedures.
• Inform affected persons that they can ask for written reasons for the decision.

A person whose rights have been materially and adversely affected by an administrative action may, within 90 days after becoming aware of the action, request written reasons for the action.

Requests must:

• Be in writing;
• Describe the decision for which reasons are requested;
• Set out the reasons as to why it is felt that the decision is incorrect;
• Include relevant details of the person requesting the reasons and
• Be sent by post, fax, email or delivered by hand.

If reasons are not provided within the 90 days it is presumed that unless the contrary can be proven, and reasonable and justifiable grounds exist, that the administrative action was taken without good reasons. However, where an administrator is empowered by legislation to follow a different procedure, it may be followed, provided it is fair.

A procedurally unfair administrative action or failure to take a decision entitles a person to apply to court for a review of proceedings. Such proceedings must be instituted within 180 days.

Should Members find themselves in the unfortunate position of being at the wrong end of unfair official action or inaction they should make use of the provisions of the PAJA.

See http://www.justice.gov.za/paja/faq.htm for a simple but useful explanation as to how to go about utilising the provisions of the PAJA.

Bruce Lyle | Membership Services Manager