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THE CONSTITUTION

4. Just Administrative Action s.33


(1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. (3) National legislation must be enacted to give effect to these rights, and must(a) provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; (b) impose a duty on the state to give effect to the rights in subsections (1) and (2); and (c) promote an efficient administration.

Right to Just Administrative Action

Note: s.1(5) of NEMA


inserted by s.1 of the National Environmental Management Amendment Act 62 of 2008 [effective from 1 May 2009] Any administrative process conducted or decision taken in terms of this Act must be conducted or taken in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), unless otherwise provided for in this Act.

PAJA
administrative action means any decision taken, or any failure to take a decision, by(a) an organ of state, when(i) exercising a power in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation; or (b) 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 administrator means an organ of state or any natural or juristic person taking administrative action;

PAJA
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(a) making, suspending, revoking or refusing to make an order, award or determination; (b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; (c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; (d) imposing a condition or restriction; (e) making a declaration, demand or requirement; (f) retaining, or refusing to deliver up, an article; or (g) 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;

THE CONSTITUTION
4. Just Administrative Action s.33
Audi alteram partem rule
The Director: Mineral Development, Gauteng Region & another v Save the Vaal Environment & others 1999 (2) SA 709 (SCA)

THE CONSTITUTION
4. Just Administrative Action s.33 (ii) Right to Reasons (iii) Legitimate Expectations
Minister of Environmental Affairs & Tourism & others v Phambili Fisheries (Pty) Ltd & another 2003 (6) SA 407 (SCA)

Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and others 2004 (4) SA 490 (CC).

Minister of Environmental Affairs & Tourism & others v Phambili Fisheries (Pty) Ltd & another 2003 (6) SA 407 (SCA)
Requirements for legitimacy of expectation: (at Para [65]) (a) the representation underlying the expectation must be 'clear, unambiguous and devoid of relevant qualification'; (b) the expectation must be reasonable; (c) the representation must have been induced by the decisionmaker; and (d) the representation must have been one which the decisionmaker could competently and lawfully have made.

THE CONSTITUTION
4. Just Administrative Action s.33 (iv) Judicial Review s.6(2) of PAJA

4. Just Administrative Action s.33


(iv) Judicial Review
s.6(2) of PAJA S.8(1) of PAJA - Remedies

Common Law:
a) Application to compel exercise of statutory duty. Directory or permissive?
Van Huyssteen NO & Others v Minister of Environmental Affairs & Tourism & others 1995 (9) BCLR 1191 (C) Wildlife Society of Southern Africa & others v Minister of Environmental Affairs & Tourism of the RSA 1996 (3) SA 1095 (Tk)

b) relief, e.g. in form of compensation for harm suffered