Transcrição

Abstract

[ASSENTED TO 3 FEBRUARY 2000] [DATE OF COMMENCEMENT: 30 NOVEMBER 2000] (Unless otherwise indicated) (English text signed by the President) as amended by Judicial Matters Amendment Act 42 of 2001 Promotion of Administrative Justice Amendment Act 53 of 2002 Judicial Matters Second Amendment Act 55 of 2003 Judicial Matters Amendment Act 22 of 2005 Public Service Amendment Act 30 of 2007 Judicial Matters Amendment Act 66 of 2008 Regulations under this Act REGULATIONS ON FAIR ADMINISTRATIVE PROCEDURES (GN R1022 in GG 23674 of 31 July 2002) ACT To give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996; and to provide for matters incidental thereto. Preamble WHEREAS section 33 (1) and (2) of the Constitution provides that everyone has the right to administrative action that is lawful, reasonable and procedurally fair and that everyone whose rights have been adversely affected by administrative action has the right to be given written reasons; AND WHEREAS section 33 (3) of the Constitution requires national legislation to be enacted to give effect to those rights, and to-* provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; * impose a duty on the state to give effect to those rights; and * promote an efficient administration; AND WHEREAS item 23 of Schedule 6 to the Constitution provides that the national legislation envisaged in section 33 (3) must be enacted within three years of the date on which the Constitution took effect; AND IN ORDER TO-* promote an efficient administration and good governance; and * create a culture of accountability, openness and transparency in the public administration or in the exercise of a public power or the performance of a public function, by giving effect to the right to just administrative action, BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as