Back to opportunities
DocumentClosedpublication

Promotion of Administrative Justice Act 3 of 2000

Judicial Inspectorate for Correctional ServicesRef: http://www.jics.gov.za/wp-content/uploads/2024/05/Promotion-of-Administrative-Justice-Act-PAJA-3-of-2000.pdf

Official source

Source domain: jics.gov.za

Collected on 13 July 2026

Always confirm details on the official source before acting.

What this means

This document is the South African Government Gazette publication of the Promotion of Administrative Justice Act 3 of 2000. It states that the President assented to the Act on 3 February 2000 and it was published for general information. The Act gives effect to section 33 of the Constitution by defining “administrative action” and setting requirements for procedurally fair administrative action, including notice, opportunity to make representations, and written reasons. It also provides for how administrative action affecting the public must be handled (e.g., public inquiries or notice-and-comment procedures) and sets time limits for requesting and receiving written reasons (90 days).

Facts

Reference

http://www.jics.gov.za/wp-content/uploads/2024/05/Promotion-of-Administrative-Justice-Act-PAJA-3-of-2000.pdf

Key Takeaways

  • Act: Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
  • Gazette details: Government Gazette No. 20853, 3 February 2000
  • Presidential assent date: 3 February 2000
  • Constitutional basis: section 33 (right to lawful, reasonable, procedurally fair administrative action and written reasons)
  • Definition: “administrative action” includes decisions/failures by organs of state or other persons exercising public power/function that adversely affect rights with direct external legal effect
  • Exclusions from “administrative action” include certain executive functions, legislative functions, judicial functions, prosecution decisions, and certain decisions under the Promotion of Access to Information Act, 2000
  • Procedural fairness (section 3): requires adequate notice, reasonable opportunity to make representations, clear statement of action, notice of review/internal appeal rights, and notice of right to request reasons
  • Public administrative action (section 4): administrator must decide on public inquiry, notice-and-comment, both, or another appropriate procedure
  • Public inquiry requirements (section 4(2)): include public hearing; determine procedure; compile written report with reasons; publish inspection/copying notice in Gazette(s) and communicate to the public
  • Written reasons (section 5): affected person may request written reasons within 90 days; administrator must provide within 90 days; failure to furnish adequate reasons leads to presumption of action taken without good reason (subject to conditions)
  • Republic of South Africa
  • President of South Africa
  • Office of the Presidency
  • Parliament of the Republic of South Africa
  • Minister (Cabinet member responsible for the administration of justice)
  • Judicial Service Commission
  • Magistrates Commission
  • Constitutional Court
  • High Courts
  • Magistrate’s Courts
  • Special Tribunal established under the Special Investigating Units and Special Tribunals Act, 1996
  • Traditional leaders (customary law)