This is the version of this Government Notice as it was from 31 July 2002 to 26 June 2005. Read the latest available version.
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South Africa
Promotion of Administrative Justice Act, 2000
Regulations on Fair Administrative Procedures, 2002
Government Notice R1022 of 2002
- Published in Government Gazette 23674 on 31 July 2002
- Commenced on 31 July 2002
- [This is the version of this document as it was from 31 July 2002 to 26 June 2005.]
1. Definitions
In these regulations, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned, and "Act" means the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).Chapter 1
Public inquiries
2. Application of this Chapter
This Chapter applies to administrative action which materially and adversely affects the rights of the public as envisaged in section 4(1) of the Act, and must be complied with if an administrator decides in terms of section 4(1) of the Act to hold a public inquiry contemplated in section 4(l)(a) of the Act.Part 1 – General
3. Notice of public inquiry
4. Language
5. Special assistance
6. Extension of closing date
7. Representations and requests received after closing date
8. Special provisions applicable to both persons and panels appointed to conduct public inquiries
If a person or panel has been appointed in terms of section 4(2)(a) of the Act to conduct a public inquiry, that person or panel must—9. Special provisions applicable to panels only
10. Compilation of written report
An administrator, or a person or panel conducting a public inquiry, must compile the written report contemplated in section 4(2)(b)(iii) of the Act without unreasonable delay.Part 2 – Public hearings
11. Commencement of public hearings
12. Procedure at public hearings
13. Person presiding at public hearings
14 Persons appearing at public hearing
15. Access to public hearings
16. Adjournment of public hearings
Chapter 2
Notice and comment procedure
17. Application of this Chapter
This Chapter applies to administrative action which materially and adversely affects the rights of the public as envisaged in section 4(1) of the Act, and must be complied with if an administrator decides in terms of section 4(1) of the Act to follow a notice and comment procedure contemplated in section 4(l)(b) of the Act.18. Publication
19. Language
20. Special assistance
21. Extension of closing date
22. Comments received after closing date
Chapter 3
Notice of administrative action and rights
23. Notice of administrative action and rights
If an administrative action that has been taken, materially and adversely affects a person’s rights, an administrator, when informing that person of the administrative action, must also inform that person of—24. Notice of right to request reasons
A notice contemplated in regulation 23(l)(a) must also—25. Notice of review or internal appeal
A notice contemplated in regulation 23(l)(b), must also, where applicable—Chapter 4
Request for reasons
26. Application of this Chapter
This Chapter applies to administrative action which materially and adversely affects the rights of any person, and must be complied with if a request for reasons for administrative action is made in terms of section 5(1) of the Act.27. Formal requirements
28. Administrator’s duties
29. Short title and commencement
These regulations are called the Regulations on Fair Administrative Procedures, 2002, and shall come into operation on 31 July 2002.History of this document
27 June 2005
31 July 2002 this version
Commenced