1
QUESTION 1
Section 3 of PAJA provides for procedural fairness.
Section 3(2)(b) of PAJA lists the mandatory requirements:
In order to give effect to the right to procedurally fair administrative action, an
administrator, subject to subsection (4), must give a person referred to in subsection
(1)
i. adequate notice of the nature and purpose of the proposed administrative action.
ii. a reasonable opportunity to make representations.
iii. a clear statement of the administrative action.
iv. adequate notice of any right of review or internal appeal, where applicable; and
v. adequate notice of the right to request reasons in terms of section 5
The discretionary requirements for procedural fairness are listed in section 3(3) of
PAJA).
i. The aggrieved party may be given an opportunity to obtain assistance, even legal
assistance in complex cases.
ii. The aggrieved party may be given an opportunity to present and dispute
information
and arguments.
iii. The aggrieved party may be given an opportunity to appear in person.
S 3(4) of PAJA states that the requirements in s 3(2) of PAJA may be departed from
only if reasonable and justifiable. This is determined by taking all relevant factors into
account, which include:
The objects of the empowering provision
The nature and purpose of and need for the action
The likely effect of the administrative action
The urgency of the matter
The need to promote efficient administration and good governance (s 3(4)(b))
QUESTION 1
Section 3 of PAJA provides for procedural fairness.
Section 3(2)(b) of PAJA lists the mandatory requirements:
In order to give effect to the right to procedurally fair administrative action, an
administrator, subject to subsection (4), must give a person referred to in subsection
(1)
i. adequate notice of the nature and purpose of the proposed administrative action.
ii. a reasonable opportunity to make representations.
iii. a clear statement of the administrative action.
iv. adequate notice of any right of review or internal appeal, where applicable; and
v. adequate notice of the right to request reasons in terms of section 5
The discretionary requirements for procedural fairness are listed in section 3(3) of
PAJA).
i. The aggrieved party may be given an opportunity to obtain assistance, even legal
assistance in complex cases.
ii. The aggrieved party may be given an opportunity to present and dispute
information
and arguments.
iii. The aggrieved party may be given an opportunity to appear in person.
S 3(4) of PAJA states that the requirements in s 3(2) of PAJA may be departed from
only if reasonable and justifiable. This is determined by taking all relevant factors into
account, which include:
The objects of the empowering provision
The nature and purpose of and need for the action
The likely effect of the administrative action
The urgency of the matter
The need to promote efficient administration and good governance (s 3(4)(b))
