Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)3. Procedurally fair administrative action affecting any person |
| 1) | Administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair. |
| 2) |
| a) | A fair administrative procedure depends on the circumstances of each case. |
| b) | In order to give effect to the right to procedurally fair administrative action, an administrator, subject to subsection (4), must give a person referred to in subsection (1)- |
| i) | adequate notice of the nature and purpose of the proposed administrative action; |
| ii) | a reasonable opportunity to make representations; |
| iii) | a clear statement of the administrative action; |
| iv) | adequate notice of any right of review or internal appeal, where applicable; and |
| v) | adequate notice of the right to request reasons in terms of section 5. |
| 3) | In order to give effect to the right to procedurally fair administrative action, an administrator may, in his or her or its discretion, also give a person referred to in subsection (1) an opportunity to- |
| a) | obtain assistance and, in serious or complex cases, legal representation; |
| b) | present and dispute information and arguments; and |
| c) | appear in person. |
| 4) |
| a) | If it is reasonable and justifiable in the circumstances, an administrator may depart from any of the requirements referred to in subsection (2). |
| b) | In determining whether a departure as contemplated in paragraph (a) is reasonable and justifiable, an administrator must take into account all relevant factors, including- |
| i) | the objects of the empowering provision; |
| ii) | the nature and purpose of, and the need to take, the administrative action; |
| iii) | the likely effect of the administrative action; |
| iv) | the urgency of taking the administrative action or the urgency of the matter; and |
| v) | the need to promote an efficient administration and good governance. |
| 5) | Where an administrator is empowered by any empowering provision to follow a procedure which is fair but different from the provisions of subsection (2), the administrator may act in accordance with that different procedure. |