How does the PAJA work?
The Promotion of Administrative
Justice Act (the PAJA)
The Promotion of Administrative
Justice Act (PAJA) was passed to
promote and ensure the right to just
administrative action in Section 33 of
the Constitution.
The right to just administrative action is
a right in the constitution for all the
people living in South Africa.
This basic right makes sure that
government officials make decisions in
a fair way.
Section 33 is very broadly worded, and
therefore the PAJA explains how this
basic human right works in practice.
It sets out the general rules and
principles to be followed in exercising
administrative power. It is important to
know that the compliance with the
PAJA is non-negotiable.
All administrators must comply with the
PAJA.
For example, the Social Assistance
Act 2004 explains to administrators
who can qualify for social grants. The
administrator must make a decision
by accepting or rejecting applications
according to the rules of the Act. This
Act is called an empowering
provision.
The definition of “administrative
action” is summarised as:
• A decision or a proposed decision;
• Of an administrative nature;
• Made in terms of an empowering
provision that is not specifically
excluded from the PAJA;
• Made by an organ of state or a
private person exercising a public
power or performing a public
function;
• That adversely affects rights; and
• That has a direct external legal
effect.
__________________________________
To
qualify as administrative actions
The PAJA states that administrators
The
PAJA
does
not
give
administrators power, it explains how
powers
that are given by other laws
should be exercised.
the PAJA need decisions to be made
under an empowering provision.
An empowering provision is a law, a
rule of law, customary law or an
agreement, in terms of which an
administrative action can be taken.
An administrative action can come
from many different pieces of
legislation or empowering provisions
but these must all comply with PAJA.
All
legislation
or
empowering
provisions are part of administrative
law.
must:
• Follow fair procedures when
making decisions.
• Allow people to state their case
before taking decisions that may
affect their rights. Clearly explain
the decisions they take.
• Tell people that they can ask for
written reasons for the decision.
• Explain internal appeals or
mention that a person can ask a
court to review the decision.
“Everyone has the right to
administrative action that
is lawful, reasonable and
procedurally fair.”
For any enquiries about
grants, phone the
SASSA helpline number:
LEGAL DISCLAIMER: While every
attempt has been made to ensure the
information published here is accurate,
the Black Sash does not take
responsibility for any loss or damage that
may arise out of the reliance on or use of
this information. The contents do not
constitute legal advice. This fact sheet
was last updated in July 2012.
The Promotion of
Administrative Justice
Act (the PAJA)
0800 601 011 - Section 33 of the
South African
Constitution.
If you are having difficulty
with your grant, contact the
Black Sash HELPLINE for
FREE paralegal support and
advice: