The Promotion of Administrative Justice Act

Special Features

• A comprehensive commentary on the PAJA and Regulations, including reference to all significant case law since 2001.
• The text of the Promotion of Administrative Justice Act 3 of 2000 (as amended) and the Fair Procedure Regulations are included as appendices.

Endorsements

‘This is a truly excellent book. …it is a splendid first (and often sufficient) port of call for the practitioner dealing with judicial review of public power in the era of the Act.

“Accessibility,” so often a euphemism for over-simplification, with its attendant dangers of serious distortion, is in this case the product of craftsmanship… This book avoids … pitfalls very skilfully. It manages to grasp nettles whilst always setting a tendentious tone, never forgetting its project of providing meaningful guidance to those who do not have endless time for reflection at their disposal. It does this without being dogmatic, indicating where alternative roads might be taken, and why. It cannot be criticised as simplistic…’
—     The Advocate

‘The AJA Benchbook will clearly be a valuable source to magistrates, judges, administrators and practitioners involved in the administration and implementation of the Act, but it will also be a useful textbook for academics, lecturers and students of Administrative Law.’
—     Stellenbosch Law Review

“The Promotion of Administrative Justice Act introduces a new era in our administrative law. This Benchbook will be of great practical assistance to lawyers and to senior managers in the public service. It combines a penetrating analysis of the constitutional foundations of the Act, with a very practical analysis of the operational requirements of the Act. The structure and style of the Benchbook make it very accessible. It will be a valuable tool in the hands of practitioners of law and government.”
—     Geoff Budlender, Advocate of the High Court of South Africa

“Klaaren and Currie's outstanding work will go far in educating public servants about their responsibilities in achieving justice in public administration. The Benchbook, is comprehensive, clear and easy to understand. No administrator can afford to be without it."
—     Professor Hugh Corder, Faculty of Law, University of Cape Town

“The Promotion of Administrative Justice Act 3 of 2000, most of which is now in force, has profound implications for South African administrative law. This new Benchbook is an excellent guide to this important piece of legislation. It is a thorough and closely reasoned exposition of the Act that manages to satisfy the reader's appetite for detail while remaining highly accessible. The Benchbook is essential reading for anyone who has anything to do with administrative law.”
—     Professor Cora Hoexter, University of the Witwatersrand

Table of Contents

Preface
Table of Principal Works Cited
Table of Cases

Chapters
1 The Promotion of Administrative Justice Act in Context
2 The Interpretation of the PAJA and its Relationship to the Constitution and the Common Law
3 Administrative Action
4 Procedural Fairness in Individual Cases
5 Procedural Fairness: Administrative Action Affecting the Public
6 Reasons for Administrative Action
7 Judicial Review of Administrative Action
8 Procedures for Judicial Review of Administrative Action
9 Remedies in Judicial Review Proceedings
10 Regulations and the Code of Good Administrative Conduct

Appendices
Promotion of Administrative Justice Act 3 of 2000
Regulations on Fair Administrative Procedures
On Sidumo v Rustenburg Platinum Mines Ltd
Index

About the Author

Iain Currie holds the BA Hons (University of the Witwatersrand), MA and LLB (University of Cape Town) degrees. He is a professor of Law at the University of the Witwatersrand, Johannesburg, where he teaches constitutional law, media law, intellectual property and privacy law. He is an author and co-author of books on the South African Bill of Rights, constitutional and administrative law and on the Promotion of Access to Information Act. Amongst other works, he is the author of The Promotion of Administrative Justice Act: A Commentary and (with Jonathan Klaaren) of The Promotion of Access to Information Act Commentary, both published by Siber Ink. His research interests are in constitutional and administrative law, freedom of information and privacy law and law and new technologies. He is the Secretary-General of the International Association of Constitutional Law.