Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)Regulations on Fair Administrative Procedures, 2002Chapter 2 : Notice and Comment Procedure18. Publication |
| 1) | Information concerning the proposed administrative action must be published by way of notice : |
| a) | if the administrative action affects the rights of the public throughout the Republic, in the Government Gazette and a newspaper which is distributed, or in newspapers which collectively are distributed, throughout the Republic; or |
| b) | if the administrative action affects the rights of the public in a particular province only, in the Provincial Gazette of that province and a newspaper which is distributed, or in newspapers which collectively are distributed, throughout that province; or |
| c) | if the administrative action affects the rights of the public in a specific area only, in a newspaper which is distributed in that specific area. |
| 2) | A notice published in terms of sub-regulation (1) must include : |
| a) | an invitation to members of the public to submit comments in connection with the proposed administrative action to the administrator concerned on or before a date specified in the notice, which date may not be earlier than 30 days from the date of publication of the notice; |
| b) | a caution that comments received after the closing date may be disregarded; |
| c) | the name and official title of the person to whom any comments must be sent or delivered; and |
| d) | the – |
| i) | work, postal and street address and, if available, also an electronic mail address; |
| ii) | work telephone number; and |
| iii) | fax number, if any, of the person contemplated in paragraph (c). |
| 3) | A notice published in terms of sub-regulation (1) must : |
| a) | contain sufficient information about the proposed administrative action to enable members of the public to submit meaningful comments; and |
| b) | when appropriate, specify a place or places where, and the hours within which, further information concerning the proposed administrative action will be available for public scrutiny. |
| 4) | A notice published in terms of sub-regulation (1)(a) and (b) in a newspaper may, notwithstanding the provisions of sub-regulations (2) and (3), only contain : |
| a) | a concise statement of the proposed administrative action; |
| b) | the name, official title, contact telephone number and physical address of the person from whom further information on the proposed administrative action and the administrative procedure can be obtained; and |
| c) | a note that a more detailed notice concerning the proposed administrative action appears in the Government Gazette or Provincial Gazette, as the case may be. |
| 5) | If a notice published in terms of sub-regulation (1) specifies a place or places where further information about the proposed administrative action will be available for public scrutiny, access to that information must be allowed from the date on which the notice is published until the closing date for comment, with the exclusion of Saturdays, Sundays and public holidays. |
| 6) | In order to ensure that a proposed administrative action is brought to the attention of the public, an administrator may, in addition, publicise the information referred to in sub-regulations (1) to (5) by way of communications through the printed or electronic media, including by way of press releases, press conferences, the Internet, radio or television broadcasts, posters or leaflets. |