Administrative Law

Audi Alteram Partem

Latin for "hear the other side." A fundamental principle of natural justice requiring that a decision-maker must hear both sides before making a decision that affects a person's rights.

Legal Definition

The audi alteram partem principle is a core requirement of procedural fairness in South African administrative law, codified in PAJA. Any administrative decision that materially and adversely affects a person must be preceded by adequate notice and an opportunity for the affected person to make representations. Failure to comply with this principle makes the decision reviewable.

📖 Constitutional / Statutory Basis: Section 33 (just administrative action); PAJA section 3

Practical Example

A municipality cannot demolish a structure without first giving the owner notice of the intended demolition and an opportunity to object — even if the structure violates building regulations.

Frequently Asked Questions

Does audi alteram partem apply to private employers in South Africa?

In employment law, the equivalent principle is codified in the LRA Code of Good Practice on Dismissal — an employer must give an employee an opportunity to respond before dismissal (a disciplinary hearing). This applies to private employers.

Can audi alteram partem be waived in South Africa?

A person can waive their right to be heard, but waiver must be informed and voluntary. Urgent circumstances can also justify limited procedural rights, provided the full hearing is given as soon as practicable after the urgent decision.

Related Terms

Know the law. Know what to say.

The Advocate trains you to use your rights out loud — 389 real scenarios grounded in South African law and Scripture with exact rebuttals and law references. Free to start.

Browse Rights Scenarios — Free

or get a free checklist