PUB3707 PORTFOLIO 2026
DUE 29 MAY 2026
Question 1: Administrative Justice
1.1 Administrative Justice
Administrative justice is a fundamental concept within public administration that ensures
public bodies and those exercising public functions make decisions that are lawful,
reasonable, and procedurally fair. According to Brynard (2012:11), administrative justice
consists of those principles which public officials should comply with to be able to act in
a just and fair way towards others. The most fundamental principles at issue here,
which government action should comply with, are the requirements of reasonableness,
fairness and impartiality.
The Constitution of the Republic of South Africa, 1996, entrenches the right to
administrative justice in Section 33, which states that "everyone has the right to
administrative action that is lawful, reasonable and procedurally fair" (Republic of South
Africa, 1996). This constitutional provision establishes that justice is not merely a matter
of individual moral responsibility but a legally enforceable right that every citizen
possesses in their interaction with the state.
To illustrate, consider a citizen applying for a trading licence from a local municipality.
Administrative justice requires that the municipal official processing the application must
act within the authority granted by relevant legislation, must consider all relevant factors
before making a decision, and must follow fair procedures including giving the applicant
an opportunity to be heard before refusing the application. As Brynard (2012:14)
explains, officials are confronted every day with problems of administrative justice when
, they have to allocate benefits, decide disputes or take administrative decisions which
often require a considerable degree of discretion.
1.2 Administrative Justice and Public Administration
Administrative justice is intrinsically linked to public administration because it provides
the foundation for consistent and fair actions of public officials in response to legitimate
citizen demands for fair treatment. Brynard (2012:14) states that as a prerequisite for
respecting the dignity and value of individuals, there must be a commitment to the
development and upholding of the rights of individuals.
Within the sphere of public administration, administrative justice implies that every
public official must be committed to respecting the dignity and value of each member of
society and to promoting all legislation that protects the rights of all members of society.
The correct interpretation, application and implementation of legislation are only
possible for someone who is committed to the principle of justice (Denhardt, 1991, cited
in Brynard, 2012:14).
For example, when the Department of Home Affairs processes passport applications,
administrative justice requires that officials apply the law consistently to all applicants,
provide written reasons when applications are refused, and ensure that applicants have
the opportunity to appeal unfavourable decisions. The Promotion of Administrative
Justice Act 3 of 2000 (PAJA) gives effect to these constitutional rights and serves as a
basic set of principles to which officials must adhere in the execution of all
administrative action (Brynard, 2012:19).
DUE 29 MAY 2026
Question 1: Administrative Justice
1.1 Administrative Justice
Administrative justice is a fundamental concept within public administration that ensures
public bodies and those exercising public functions make decisions that are lawful,
reasonable, and procedurally fair. According to Brynard (2012:11), administrative justice
consists of those principles which public officials should comply with to be able to act in
a just and fair way towards others. The most fundamental principles at issue here,
which government action should comply with, are the requirements of reasonableness,
fairness and impartiality.
The Constitution of the Republic of South Africa, 1996, entrenches the right to
administrative justice in Section 33, which states that "everyone has the right to
administrative action that is lawful, reasonable and procedurally fair" (Republic of South
Africa, 1996). This constitutional provision establishes that justice is not merely a matter
of individual moral responsibility but a legally enforceable right that every citizen
possesses in their interaction with the state.
To illustrate, consider a citizen applying for a trading licence from a local municipality.
Administrative justice requires that the municipal official processing the application must
act within the authority granted by relevant legislation, must consider all relevant factors
before making a decision, and must follow fair procedures including giving the applicant
an opportunity to be heard before refusing the application. As Brynard (2012:14)
explains, officials are confronted every day with problems of administrative justice when
, they have to allocate benefits, decide disputes or take administrative decisions which
often require a considerable degree of discretion.
1.2 Administrative Justice and Public Administration
Administrative justice is intrinsically linked to public administration because it provides
the foundation for consistent and fair actions of public officials in response to legitimate
citizen demands for fair treatment. Brynard (2012:14) states that as a prerequisite for
respecting the dignity and value of individuals, there must be a commitment to the
development and upholding of the rights of individuals.
Within the sphere of public administration, administrative justice implies that every
public official must be committed to respecting the dignity and value of each member of
society and to promoting all legislation that protects the rights of all members of society.
The correct interpretation, application and implementation of legislation are only
possible for someone who is committed to the principle of justice (Denhardt, 1991, cited
in Brynard, 2012:14).
For example, when the Department of Home Affairs processes passport applications,
administrative justice requires that officials apply the law consistently to all applicants,
provide written reasons when applications are refused, and ensure that applicants have
the opportunity to appeal unfavourable decisions. The Promotion of Administrative
Justice Act 3 of 2000 (PAJA) gives effect to these constitutional rights and serves as a
basic set of principles to which officials must adhere in the execution of all
administrative action (Brynard, 2012:19).
