Promotion of Administrative Justice Act, 2000/2001-12-07

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as amended by

Judicial Matters Amendment Act, No. 42 of 2001

Procedurally fair administrative action affecting any person

3. (1) Administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair.

(2) (a) A fair administrative procedure depends on the circumstances of each case.

(b) In order to give effect to the right to procedurally fair administrative action, an administrator, subject to subsection (4), must give a person referred to in subsection (1)—

adequate notice of the nature and purpose of the proposed administrative action;

a reasonable opportunity to make representations;

a clear statement of the administrative action;

adequate notice of any right of review or internal appeal, where applicable; and

adequate notice of the right to request reasons in terms of section 5.

(3) In order to give effect to the right to procedurally fair administrative action, an administrator may, in his or her or its discretion, also give a person referred to in subsection (1) an opportunity to—

obtain assistance and, in serious or complex cases, legal representation;

present and dispute information and arguments; and

appear in person.

(4) (a) If it is reasonable and justifiable in the circumstances, an administrator may depart from any of the requirements referred to in subsection (2).

(b) In determining whether a departure as contemplated in paragraph (a) is reasonable and justifiable, an administrator must take into account all relevant factors, including—

the objects of the empowering provision;

the nature and purpose of, and the need to take, the administrative action;

the likely effect of the administrative action;

the urgency of taking the administrative action or the urgency of the matter; and

the need to promote an efficient administration and good governance.

(5) Where an administrator is empowered by any empowering provision to follow a procedure which is fair but different from the provisions of subsection (2), the administrator may act in accordance with that different procedure.