Administrative Law
PAJA — Promotion of Administrative Justice Act
PAJA gives effect to your constitutional right to fair administrative action. If a government official makes an unfair decision that affects you, PAJA gives you the right to reasons and to have the decision reviewed.
Legal Definition
The Promotion of Administrative Justice Act 3 of 2000 gives effect to s33 of the Constitution. It entitles every person to administrative action that is lawful, reasonable, and procedurally fair, plus written reasons for adverse decisions.
📖 Constitutional / Statutory Basis: Section 33, Constitution of the Republic of South Africa, 1996; PAJA 3 of 2000
Practical Example
A municipality refuses your building plan without reasons. PAJA obliges it to give you written reasons within 90 days of a request.
Frequently Asked Questions
Does PAJA apply to all government decisions?
It applies to "administrative action" — decisions of public bodies that materially affect your rights. Pure policy decisions or legislative acts are excluded.
How do I get reasons for an adverse decision?
Request reasons in writing within 90 days of learning of the decision. The authority must respond within 90 days.
What remedies can a court grant under PAJA?
A court can set aside the decision, remit it back for reconsideration, or substitute its own decision in appropriate cases.
Related Terms
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