Any decision by a government official, school, or public body that affects your rights must be lawful, reasonable, and procedurally fair. You are entitled ...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 33 Says
(1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. (3) National legislation must be enacted to give effect to these rights, and must— (a) provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; (b) impose a duty on the state to give effect to the rights in subsections (1) and (2); and (c) promote an efficient administration.
What This Means for You
Plain-Language Explanation
Practical Significance
Any decision by a government official, school, or public body that affects your rights must be lawful, reasonable, and procedurally fair. You are entitled to written reasons. The Promotion of Administrative Justice Act (PAJA) gives effect to this right.
How to Use This Right
Practical Steps
1Request written reasons from the government body within 90 days of the decision, citing Section 5 of PAJA.
2Lodge an internal appeal if available, within the timeframes set by the relevant legislation.
3Apply for judicial review in the High Court within 180 days of the decision if the internal process fails.
Common Questions
Frequently Asked Questions
What is PAJA and how does it work?
The Promotion of Administrative Justice Act gives effect to Section 33. It entitles you to written reasons for any government decision that affects your rights, and gives you the right to review that decision in court. Decisions by SASSA, Home Affairs, schools, and municipalities are all subject to PAJA.
Can a government official make an arbitrary decision about my application?
No. PAJA requires all administrative action to be lawful (authorised by law), reasonable (rational and proportionate), and procedurally fair (including being heard before a decision is made). An arbitrary or unexplained refusal can be reviewed and set aside by the court.
Knowing the right is step one. The Advocate trains you to use it — 149 real South African scenarios with exact rebuttals, law references, and Scripture. Free to start.