New Book Information Sheet

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New Book Information Sheet

Title:The Promotion of Administrative Justice Act

Benchbook

Authors:Iain Currie and Jonathan Klaaren

Outline

With the coming into effect of the Promotion of Administrative Justice Act at the end of 2000, South African administrative law entered a new era. The Act has become the legislative foundation of the general administrative law of South Africa. It codifies a body of rules and principles previously governed by the common law and, since 1994, by direct application of the administrative justice rights in the Constitution.

The Benchbook is a commentary on the Act for use by the government officials, lawyers, judges and magistrates who are required to interpret and implement it. The general administrative law of South Africa has a long history and a rich jurisprudence. The book situates the Act in the context of this tradition. It answers the questions: where does the Act fit in? What difference does the Act make?

Special Features

• Administrators’ Guide as appendix — prepared to facilitate the application of the Act for administrators at all levels of government
• Promotion of Administrative Justice Act 3 of 2000 (as appendix)
• Foreword by the Minister of Justice, Dr Penuell Maduna

About the authors

Iain Currie and Jonathan Klaaren are both Associate Professors at the University of the Witwatersrand Law School, where they teach and are co-directors of the Research Unit for Law & Administration (RULA). The Unit conducts research, teaches and offers consulting services on legal issues in public law, particularly in the rapidly developing fields of administrative law and freedom of information law. They have written extensively in the field, and are co-editors of the SA Journal on Human Rights.

During 2000 RULA was commissioned by the Department of Justice to develop an explanatory ‘benchbook’ on the Promotion of Administrative Justice Act, a guide to the interpretation of the Act for use by the judiciary who will enforce it. This book is the outcome of this project.

PLEASE TURN OVER FOR TABLE OF CONTENTS, ENDORSEMENTS & ORDER FORM

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247 x 151 mm / 256 pp / paperback / ISBN 0-9584327-8-3

Price: R165.00 (incl VAT) / Publication date: August 2001

Please note that postage and packaging (p&p) will be charged additionally. The cost of p&p will depend on the number of copies ordered, and will be R15.00 for a single copy.

Endorsements

“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 bea valuable tool in the hands ofpractitioners of law and government.”

— Geoff Budlender, Director of the Constitutional Litigation Unit,
Legal Resources Centre

“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 thereader'sappetite for detailwhileremaininghighly accessible. The Benchbook isessential reading foranyone who has anything to do withadministrative law.”

— Professor Cora Hoexter, University of the Witwatersrand

TABLE OF CONTENTS

Foreword by Dr P M Maduna, Minister of Justice and Constitutional Development

Preface

Table of cases

1.Introduction to the Promotion of Administrative Justice Act

2.Scope of the Act

3.Procedural fairness: administrative action affecting any person

4.Procedural fairness: administrative action affecting the public

5.Reasons for administrative action

6.Judicial review of administrative action

7.Procedures for judicial review

8.Remedies in judicial review proceedings

9.Regulations

Appendix: Administrators’ Guide to the Promotion of Administrative Justice Act

Appendix: Promotion of Administrative Justice Act 3 of 2000

Index

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