Promotion of Administrative Justice Act 3 of 2000 (PAJA)
The Promotion of Administrative Justice Act (PAJA) gives effect to the constitutional right to administrative action that is lawful, reasonable, and procedurally fair. Enacted in 2000, it establishes the grounds for judicial review of administrative action, the requirements for procedural fairness, and the remedies available to affected persons.
Legal area: Law governing the powers and procedures of government agencies and public administration.
Year enacted: 2000
Full text: https://www.gov.za/documents/south-africa-paja
Key Provisions
- Section 1: Definition of administrative action
- Section 3: Right to lawful, reasonable, and procedurally fair administrative action
- Section 5: Procedural fairness requirements including notice and hearing
- Section 6: Grounds for judicial review including rationality, legality, and fairness
- Section 7: Justiciability and review of administrative action
- Section 8: Powers of courts including setting aside and substituting decisions
Significance
PAJA is the primary statute governing administrative justice. It provides the framework for challenging government decisions and has been central to constitutional development. The Act has been interpreted in landmark cases including Minister of Health v Treatment Action Campaign (2002) and Economic Freedom Fighters v Speaker of the National Assembly (2018).