Administrative Law
Administrative Justice
The right to administrative justice means every government decision that affects you must be lawful, reasonable, and procedurally fair. It is a fundamental constitutional right.
Legal Definition
Section 33 of the Constitution guarantees the right to administrative action that is lawful, reasonable, and procedurally fair, and the right to written reasons for administrative action that adversely affects rights.
📖 Constitutional / Statutory Basis: Section 33, Constitution of the Republic of South Africa, 1996
Practical Example
When SASSA denies a grant without a fair hearing or reasons, it violates your right to administrative justice.
Frequently Asked Questions
What makes an administrative action "procedurally fair"?
The official must give you notice of the proposed decision, a reasonable opportunity to respond, and (usually) assistance to present your case.
Does administrative justice apply to municipal officials?
Yes. Municipalities are organs of state and fully bound by s33 and PAJA.
What is "lawful" administrative action?
An action taken within the legal authority given by law — not more, not less. Excess of authority is called acting ultra vires.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.