Section 8 of paja
WebThe Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (“PAJA”) gives effect to the right to administrative action that is lawful, reasonable and procedurally fair as well as to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996. http://www.saflii.org.za/za/cases/ZASCA/2024/47.html
Section 8 of paja
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Web13 Apr 2024 · [8] The applicant contends that the decisions of the Chairperson and Mr Mileham not to recuse themselves from the Committee are in breach of PAJA and/or the principle of legality, are unconstitutional, unlawful, irrational and invalid and should be subjected to a rationality review in being inconsistent with the rule of law and the principle … Web19 Apr 2024 · Section 8 of PAJA gives detailed legislative content to the Constitution’s “just and equitable” remedy.’ (Footnotes omitted.) [18] Section 172(1) (b) of the Constitution …
Web1 Oct 2024 · Section 8 of PAJA gives the courts a wide discretion to make any ‘just and equitable’ order to remedy the violation of the right to just administrative action (see … WebSection 1(ii) excludes from administrative action “any decision taken, or failure to take a decision in terms of section 4(1) [of PAJA] ” The effect of this exclusion is to prevent review of the administrator’s discretion to choose the particular procedure to follow before making a decision affecting the public (see Hoexter “Just administrative action” in Currie and De …
Web1 Jun 2016 · The Promotion of Administrative Justice Act 3 of 2000 (PAJA) has important implications for the jurisdiction of courts in proceedings for the judicial review of … WebDownload this Act (PAJA) Amendments to PAJA Judicial Matters Amendment Act 24 of 2015 (commenced on 8 January 2016) Judicial Matters Amendment Act 8 of. ... Section …
WebIn summary, an action will qualify as administrative action under the PAJA if it is a decision by an organ of state (or a natural or juristic person) when exercising a public power or performing a public function in terms of any legislation (or in terms of an empowering provision) that adversely affects rights;
WebSection 1 of the PAJA gives a complicated definition of 'administrative action' that can be summarised as follows: a. "a decision". The PAJA says administrative action is limited to: a decision; or. a failure to take a decision. Failing to make a decision can have a major negative effect (it can "adversely affect") someone's rights. auton omistajatiedot rekisterinumerollaWebThis point is now explicit in PAJA, where section 1 defines "administrative action" as a "decision" of an administrative nature. This was highlighted by Nugent JA in Grey's Marine Hout Bay (Pty) Ltd v Minister of Public Works: 8 as follow: "[A]t the core of the definition of administrative action is the idea of action (a decision) of an administrative nature taken … lee stillWebThe section is concerned with everyone's rights to procedurally fair, reasonable and lawful administrative action. Is everyone wide enough to include the state? Section 33(3)(b) … autonomiteitWebIn summary, an action will qualify as administrative action under the PAJA if it is. a decision. by an organ of state (or a natural or juristic person) when exercising a public power or … autonomistsWebAlthough s7(1) stipulates a 180 day time limit, s9(1) of PAJA allows for the granting of condonation in appropriate circumstances where the proceedings were instituted outside the 180 day period. Thus s7(1) does apply to organs of state and the answer lies in bringing an application for condonation under s9(1) of PAJA, if a justified explanation for the delay … autonomy as a valueWebPAJA is not clear on this but read with S33 it seems that there must have been determination for rights to have been “adversely affected”. The right to lawful, reasonable and procedurally fair administrative action in s33(1) is not qualified in the same way as the right to reasons in s33(2) – the application of s33(2) depends on an affected right but … lees valley station llcWebThe PAJA excludes some of the actions of particular organs of state from the definition of administrative action - and these are therefore not governed by the Act. Most of these … lee sun lerk