Promotion of Administrative Justice Act, 2000/2009-02-17

&#x200b; as amended by

Judicial Matters Amendment Act, No. 42 of 2001

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

Judicial Matters Second Amendment Act, No. 55 of 2003

Judicial Matters Amendment Act, No. 22 of 2005

Public Service Amendment Act, No. 30 of 2007

Judicial Matters Amendment Act, No. 66 of 2008

Procedure for judicial review

7. (1) Any proceedings for judicial review in terms of section 6(1) must be instituted without unreasonable delay and not later than 180 days after the date—

subject to subsection (2)(c), on which any proceedings instituted in terms of internal remedies as contemplated in subsection (2)(a) have been concluded; or

where no such remedies exist, on which the person concerned was informed of the administrative action, became aware of the action and the reasons for it or might reasonably have been expected to have become aware of the action and the reasons.

(2) (a) Subject to paragraph (c), no court or tribunal shall review an administrative action in terms of this Act unless any internal remedy provided for in any other law has first been exhausted.

(b) Subject to paragraph (c), a court or tribunal must, if it is not satisfied that any internal remedy referred to in paragraph (a) has been exhausted, direct that the person concerned must first exhaust such remedy before instituting proceedings in a court or tribunal for judicial review in terms of this Act.

(c) A court or tribunal may, in exceptional circumstances and on application by the person concerned, exempt such person from the obligation to exhaust any internal remedy if the court or tribunal deems it in the interest of justice.

(3) The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), must before 28 February 2009, subject to the approval of the Minister, make rules of procedure for judicial review.

(4) Until the rules of procedure referred to in subsection (3) come into operation, all proceedings for judicial review under this Act must be instituted in a High Court or another court having jurisdiction.

(5) Any rule made under subsection (3) must, before publication in the Gazette, be approved by Parliament.

Regulations and code of good administrative conduct

10. (1) The Minister must make regulations relating to—

the procedures to be followed by designated administrators or in relation to classes of administrative action in order to promote the right to procedural fairness;

the procedures to be followed in connection with public inquiries;

the procedures to be followed in connection with notice and comment procedures; and

the procedures to be followed in connection with requests for reasons.

(2) The Minister may make regulations relating to—

the establishment, duties and powers of an advisory council to monitor the application of this Act and to advise the Minister on—

the appropriateness of publishing uniform rules and standards which must be complied with in the taking of administrative actions, including the compilation and maintenance of registers containing the text of rules and standards used by organs of state;

any improvements that might be made in respect of internal complaints procedures, internal administrative appeals and the judicial review by courts or tribunals of administrative action;

the appropriateness of establishing independent and impartial tribunals, in addition to the courts, to review administrative action and of specialised administrative tribunals, including a tribunal with general jurisdiction over all organs of state or a number of organs of state, to hear and determine appeals aginst administrative action;

the appropriateness of requiring administrators, from time to time, to consider the continuance of standards administered by them and of prescribing measures for the automatic lapsing of rules and standards;

programmes for educating the public and the members and employees of administrators regarding the contents of this Act and the provisions of the Constitution relating to administrative action;

any other improvements aimed at ensuring that administrative action conforms with the right to administrative justice;

any steps which may lead to the achievement of the objects of this Act; and

any other matter in respect of which the Minister requests advice;

the compilation and publication of protocols for the drafting of rules and standards;

the initiation, conducting and co-ordination of programmes for educating the public and the members and employees of administrators regarding the contents of this Act and the provisions of the Constitution relating to administrative action;

matters required or permitted by this Act to be prescribed; and

matters necessary or convenient to be prescribed in order to—

achieve the objects of this Act; or

subject to subsection (3), give effect to any advice or recommendations by the advisory council referred to in paragraph (a).

(3) This section may not be construed as empowering the Minister to make regulations, without prior consultation with the Minister for the Public Service and Administration, regarding any matter which affects the public service.

(4) Any regulation—

made under subsections (1)(a), (b), (c) and (d) and (2)(c), (d) and (e) must, before publication in the Gazette, be submitted to Parliament; and

made under subsection (2)(a) and (b) must, before publication in the Gazette, be approved by Parliament.

(5) Any regulation made under subsections (1) and (2) or any provision of the code of good administrative conduct made under subsection (5A) which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.

(5A) The Minister must, by notice in the Gazette, publish a code of good administrative conduct in order to provide administrators with practical guidelines and information aimed at the promotion of an efficient administration and the achievement of the objects of this Act.

(6) The code of good administrative conduct referred to in subsection (5A) must, before publication in the Gazette, be approved by Cabinet and Parliament and must be made before 28 February 2009.

Liability

10A. No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 7(3).

