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South Africa
Promotion of Administrative Justice Act, 2000
Act 3 of 2000
- Published in Government Gazette 20853 on 3 February 2000
- Assented to on 3 February 2000
- There are multiple commencements
- [This is the version of this document from 2 August 2017.]
Provisions | Status |
---|---|
Section 1–3, section 5–9, section 11 | commenced on 30 November 2000 by Proclamation R73 of 2000. |
Section 3(2)(b)(i), 3(2)(b)(ii), 3(2)(b)(iii), 3(2)(b)(iv), 3(2)(b)(v) | commenced on 7 December 2001 by Act 42 of 2001. |
Section 4, section 10 | commenced on 31 July 2002 by Proclamation R63 of 2002. |
Section 9A | commenced on 6 February 2003 by Act 53 of 2002. |
Section 10(5A) | commenced on 11 January 2006 by Act 22 of 2005. |
Section 10A | commenced on 17 February 2009 by Act 66 of 2008. |
Section 9A(8) | commenced on 8 January 2016 by Act 24 of 2015. |
- [Amended by Judicial Matters Amendment Act, 2001 (Act 42 of 2001) on 7 December 2001]
- [Amended by Promotion of Administrative Justice Amendment Act, 2002 (Act 53 of 2002) on 6 February 2003]
- [Amended by Judicial Matters Second Amendment Act, 2003 (Act 55 of 2003) on 31 March 2005]
- [Amended by Judicial Matters Amendment Act, 2005 (Act 22 of 2005) on 11 January 2006]
- [Amended by Public Service Amendment Act, 2007 (Act 30 of 2007) on 1 April 2008]
- [Amended by Judicial Matters Amendment Act, 2008 (Act 66 of 2008) on 17 February 2009]
- [Amended by Judicial Matters Amendment Act, 2015 (Act 24 of 2015) on 8 January 2016]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
1. Definitions
In this Act, unless the context indicates otherwise—"administrative action" means any decision taken, or any failure to take a decision, by—(a)an organ of state, when—(i)exercising a power in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any legislation; or(b)a natural or juristic person, other than an organ of state, when exercising a public power or performing a public function in terms of an empowering provision,which adversely affects the rights of any person and which has a direct, external legal effect, but does not include—(aa)the executive powers or functions of the National Executive, including the powers or functions referred to in sections 79(1) and (4), 84(2)(a), (b), (c), (d), (f), (g), (h), (i) and k, 85(2)(b), (c), (d) and (e), 91(2), (3), (4) and (5), 92(3), 93, 97, 98, 99 and 100 of the Constitution;(bb)the executive powers or functions of the Provincial Executive, including the powers or functions referred to in sections 121(1) and (2), 125(2)(d), (e) and (f), 126, 127(2), 132(2), 133(3)(b), 137,138 139 and 145(l) of the Constitution;(cc)the executive powers or functions of a municipal council;(dd)the legislative functions of Parliament, a provincial legislature or a municipal council;(ee)the judicial functions of a judicial officer of a court referred to in section 166 of the Constitution or of a Special Tribunal established under section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), and the judicial functions of a traditional leader under customary law or any other law;(ff)a decision to institute or continue a prosecution;(gg)a decision relating to any aspect regarding the nomination, selection or appointment of a judicial officer or any other person, by the Judicial Service Commission in terms of any law;[paragraph (gg) substituted by section 26 of Act 55 of 2003](hh)any decision taken, or failure to take a decision, in terms of any provision of the Promotion of Access to Information Act, 2000; or(ii)any decision taken, or failure to take a decision, in terms of section 4(1);"administrator" means an organ of state or any natural or juristic person taking administrative action;"Constitution" means the Constitution of the Republic of South Africa 1996;"court" means—(a)the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or(b)(i)a High Court or another court of similar status; or(ii)a Magistrate’s Court for any district or for any regional division established by the Minister for the purposes of adjudicating civil disputes in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), either generally or in respect of a specified class of administrative actions, designated by the Minister by notice in the Gazette and presided over by a magistrate, an additional magistrate or a magistrate of a regional division established for the purposes of adjudicating civil disputes, as the case may be, designated in terms of section 9A;[subparagraph (ii) substituted by section 8 of Act 24 of 2015]within whose area of jurisdiction the administrative action occurred or the administrator has his or her or its principal place of administration or the party whose rights have been affected is domiciled or ordinarily resident or the adverse effect of the administrative action was, is or will be experienced;[definition of "court" substituted by section 1 of Act 53 of 2002]"decision" means any decision of an administrative nature made, proposed to be made, or required to be made, as the case may be, under an empowering provision, including a decision relating to—(a)making, suspending, revoting or refusing to make an order, award or determination;(b)giving, suspending, revoting or refusing to give a certificate, direction, approval, consent or permission;(c)issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;(d)imposing a condition or restriction;(e)making a declaration, demand or requirement;(f)retaining, or refusing to deliver up, an article; or(g)doing or refusing to do any other act or thing of an administrative nature, and a reference to a failure to take a decision must be construed accordingly;"empowering provision" means a law, a rule of common law, customary law, or an agreement, instrument or other document in terms of which an administrative action was purportedly taken;"failure", in relation to the taking of a decision, includes a refusal to take the decision;"Minister" means the Cabinet member responsible for the administration of justice;"organ of state" bears the meaning assigned to it in section 239 of the Constitution;"prescribed" means prescribed by regulation made under section 10;"public", for the purposes of section 4, includes any group or class of the public;"this Act" includes the regulations; and"tribunal" means any independent and impartial tribunal established by national legislation for the purpose of judicially reviewing an administrative action in terms of this Act.2. Application of Act
3. Procedurally fair administrative action affecting any person
4. Administrative action affecting public
5. Reasons for administrative action
6. Judicial review of administrative action
7. Procedure for judicial review
8. Remedies in proceedings for judicial review
9. Variation of time
9A. Designation and training of presiding officers
10. Regulations and code of good administrative conduct
10A. Liability
No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 7(3).[section 10A inserted by section 31 of Act 66 of 2008]11. Short title and commencement
This Act is called the Promotion of Administrative Justice Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
02 August 2017 this version
Amended by
Judicial Matters Amendment Act, 2017
08 January 2016
17 February 2009
01 April 2008
11 January 2006
31 March 2005
06 February 2003
31 July 2002
07 December 2001
30 November 2000
03 February 2000
Cited documents 5
Act 5
1. | Magistrates' Courts Act, 1944 | 2821 citations |
2. | Constitution of the Republic of South Africa, 1996 | 597 citations |
3. | Special Investigating Units and Special Tribunals Act, 1996 | 317 citations |
4. | Rules Board for Courts of Law Act, 1985 | 205 citations |
5. | South African Judicial Education Institute Act, 2008 | 11 citations |
Documents citing this one 2104
Judgment 1129
Gazette 905
Act 35
1. | Companies Act, 2008 | 1948 citations |
2. | Promotion of Access to Information Act, 2000 | 1648 citations |
3. | Restitution of Land Rights Act, 1994 | 1613 citations |
4. | Pension Funds Act, 1956 | 1574 citations |
5. | Births and Deaths Registration Act, 1992 | 1183 citations |
6. | Electronic Communications Act, 2005 | 938 citations |
7. | Mineral and Petroleum Resources Development Act, 2002 | 638 citations |
8. | Long-term Insurance Act, 1998 | 303 citations |
9. | Standards Act, 2008 | 297 citations |
10. | Financial Markets Act, 2012 | 218 citations |
By-law 25
Government Notice 7
Guide 1
1. | A Practical Approach to Evidence for Judicial Officers |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Provincial Notice 1
1. | Western Cape Petitions Regulations, 2010 |
Subsidiary legislation
Title
|
Date
|
||
---|---|---|---|
Administrative Review Rules, 2019
Dispute Resolution and Mediation
|
Government Notice R1284 of 2019 | 4 October 2019 |
Dispute Resolution and Mediation
|
Promotion of Administrative Justice Act, 2000: Designation of Courts
Dispute Resolution and Mediation
|
Government Notice 1216 of 2019 | 19 September 2019 |
Dispute Resolution and Mediation
|
Regulations on Fair Administrative Procedures, 2002
Dispute Resolution and Mediation
·
Human Rights
|
Government Notice R1022 of 2002 | 27 June 2005 |
Dispute Resolution and Mediation
·
Human Rights
|