Promotion of Administrative Justice Act, 2000/2003-02-06

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as amended by

Judicial Matters Amendment Act, No. 42 of 2001

Promotion of Administrative Justice Amendment Act, No. 53 of 2002

Definitions

1. In this Act, unless the context indicates otherwise―

“administrative action” means any decision taken, or any failure to take a decision, by―

an organ of state, when―

exercising a power in terms of the Constitution or a provincial constitution; or

exercising a public power or perfonning a public function in terms of any legislation; or

a natural or juristic person, other than an organ of state, when exercising a public power or performing a public function in terms of an empowering provision,

which adversely affects the rights of any person and which has a direct, external legal effect, but does not include—

the executive powers or functions of the National Executive, including the powers or functions referred to in sections 79(1) and (4), 84(2)(a), (b), (c), (d), (f), (g), (h), (i) and (k), 85(2)(b), (c), (d) and (e), 91(2), (3), (4) and (5), 92(3), 93, 97, 98, 99 and 100 of the Constitution;

the executive powers or functions of the Provincial Executive, including the powers or functions referred to in sections 121(1) and (2), 125(2)(d), (e) and (f), 126, 127(2), 132(2), 133(3)(b), 137, 138, 139 and 145(1) of the Constitution;

the executive powers or functions of a municipal council;

the legislative functions of Parliament, a provincial legislature or a municipal council;

the judicial functions of a judicial officer of a court referred to in section 166 of the Constitution or of a Special Tribunal established under section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), and the judicial functions of a traditional leader under customary law or any other law;

a decision to institute or continue a prosecution;

a decision relating to any aspect regarding the appointment of a judicial officer, by the Judicial Service Commission;

any decision taken, or failure to take a decision, in terms of any provision of the Promotion of Access to Information Act, 2000; or

any decision taken, or failure to take a decision, in terms of section 4(1);

“administrator” means an organ of state or any natural or juristic person taking administrative action;

“Constitution” means the Constitution of the Republic of South Africa, 1996;

“court” means―

the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or

a High Court or another court of similar status; or

a Magistrate's Court, either generally or in respect of a specified class of administrative actions, designated by the Minister by notice in the Gazette and presided over by a magistrate or an additional magistrate designated in terms of section 9A,

within whose area of jurisdiction the administrative action occurred or the administrator has his or her or its principal place of administration or the party whose rights have been affected is domiciled or ordinarily resident or the adverse effect of the administrative action was, is or will be experienced;

“decision” means any decision of an administrative nature made, proposed to be made, or required to be made, as the case may be, under an empowering provision, including a decision relating to―

making, suspending, revoking or refusing to make an order, award or determination;

giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;

issuing, suspending. revoking or refusing to issue a licence, authority or other instrument;

imposing a condition or restriction;

making a declaration, demand or requirement;

retaining, or refusing to deliver up, an article; or

doing or refusing to do any other act or thing of an administrative nature,

and a reference to a failure to take a decision must be construed accordingly;

“empowering provision” means a law, a rule of common law, customary law, or an agreement, instrument or other document in terms of which an administrative action was purportedly taken;

“failure”, in relation to the taking of a decision, includes a refusal to take the decision;

“Minister” means the Cabinet member responsible for the administration of justice;

“organ of state” bears the meaning assigned to it in section 239 of the Constitution;

“prescribed” means prescribed by regulation made under section 10;

“public”, for the purposes of section 4, includes any group or class of the public;

“this Act” includes the regulations; and

“tribunal” means any independent and impartial tribunal established by national legislation for the purpose of judicially reviewing an administrative action in terms of this Act.

Designation and training of presiding officers

9A. (1) (a) The head of an administrative region defined in section 1 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of the Magistrate's Court designated by the Minister in terms of section 1 of this Act.

(b) A presiding officer must perform the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.

(2) Only a magistrate or additional magistrate who has completed a training course—

before the date of commencement of this section; or

as contemplated in subsection (5).

and whose name has been included on the list contemplated in subsection (4)(a), may be designated in terms of subsection (1).

(3) The heads of administrative regions must—

take all reasonable steps within available resources to designate at least one presiding officer for each magistrate's court within his or her area of jurisdiction which has been designated by the Minister in terms of section 1; and

without delay, inform the Director-General: Justice and Constitutional Development of any magistrate or additional magistrate who has completed a training course as contemplated in subsections (5) and (6) or who has been designated in terms of subsection (1).

(4) The Director-General: Justice and Constitutional Development must compile and keep a list of every magistrate or additional magistrate who has—

completed a training course as contemplated in subsections (5) and (6); or

been designated as a presiding officer of a magistrate's court contemplated in subsection (1).

(5) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.

(6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (5).

(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6).

