Law & Regulation
Promotion of Administrative Justice Act 3 of 2000
Gives statutory effect to the constitutional right to administrative action that is lawful, reasonable and procedurally fair, and to written reasons: procedural fairness (s3), public-participation procedures for administrative action affecting the public (s4), reasons on request (s5), and judicial review grounds/remedies (s6). Decisions by organs of state in a procurement, licensing or regulatory-approval process are typically reviewable "administrative action" — a material timing and finality risk for a project relying on a public-sector award or approval.
Legal Significance
What This Instrument Does
Requires that administrative action materially and adversely affecting a person's rights or legitimate expectations be procedurally fair (s3); addresses administrative action affecting the public generally, including public-participation procedures (s4), subject to a Ministerial power to exempt/vary; provides for written reasons on request (s5); and sets out the grounds of judicial review and courts' remedial powers (s6). Instrument boundary: not a procurement statute — supplies the general administrative-law review mechanism that interacts with, but does not replace, the constitutional and procurement-specific framework (Constitution, PFMA, MFMA, PPPFA and their subordinate regulations); its role in the frozen taxonomy remains narrowly the review/procedural-fairness interface to Public Procurement decisions.
Key Provisions
- Section 3 — Procedurally fair administrative action
Requires administrative action materially and adversely affecting a person's rights or legitimate expectations to be procedurally fair, judged on the circumstances of the case.
- Section 4 — Administrative action affecting the public
Addresses public-participation procedures such as notice-and-comment or public inquiry, subject to a Ministerial power to exempt or vary those requirements.
- Section 5 — Reasons for administrative action
Provides for written reasons for administrative action on request.
- Section 6 — Judicial review
Sets out the grounds of judicial review and the courts' remedial powers, including the power to grant orders that are just and equitable.
Legal Framework Position
- Public ProcurementSupporting / Related Instrument
Instrument Overview
- Official Citation
- 3 of 2000; Government Gazette 20853, 3 February 2000
- Instrument Type
- Law / Act
- Source Language
- English
- Enactment Date
- 3 February 2000
- Effective Date
- 3 February 2000
- Last Verified
- 6 September 2026