The Promotion of Administrative Justice Act (PAJA) gives muscle to our Constitutional right to fair, lawful and reasonable administrative action.Considering how seriously bureaucratic decisions can impact us, not only financially but also in our personal lives, it’s important to know that PAJA is available to protect us whenever our rights are negatively impacted by such a decision.Let’s have a look at how our courts can use PAJA to come to our assistance in a practical sense. We’ll refer to a recent High Court order against a municipality which had, through an “error in law”, rejected a service station’s building plans. We conclude with a warning to act quickly so as not to miss the time limits for taking action.
Bureaucratic decisions can and do have far-reaching consequences for us, both financially and in our personal lives. It’s good to know therefore that whenever your rights are affected by any such decision, you have access to the protections set out in PAJA (the Promotion of Administrative Justice Act).
In a nutshell, PAJA provides that “administrative decisions” by government departments, parastatals and the like must be fair, lawful and reasonable. Decision makers must follow fair procedures, allow you to have your say before deciding, and give you written reasons for their decisions when asked.
If a decision goes against you, your first step should be to use any internal appeal procedures. Ultimately you can go to court, although often a lawyer’s letter or two will solve the problem without the need for litigation.
A recent High Court decision illustrates one way in which PAJA can help you if all else fails –
A service station’s building plans rejected
A final thought – strict time limits apply with PAJA, so if a decision goes against you seek professional help without delay!
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Disclaimer: The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.
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