Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)

1. Definitions

Purchase

In this Act, unless the context indicates otherwise—

"administrative action"

means any decision taken, or any failure to take a decision, by—

a)	an organ of state, when-

i)	exercising a power in terms of the Constitution or a provincial constitution; or

ii)	exercising a public power or performing a public function in terms of any legislation; or

b)	a natural or juristic person, other than an organ of state, when exercising a public power or performing a public function in terms of an empowering provision,

which adversely affects the rights of any person and which has a direct, external legal effect, but does not include—

aa)	the executive powers or functions of the National Executive, including the powers or functions referred to in sections 79(1) and (4), 84(2)(a), (b), (c), (d), (f), (g), (h), (i) and (k), 85(2)(b), (c), (d) and (e), 91(2), (3), (4) and (5), 92(3), 93, 97, 98, 99 and 100 of the Constitution;

bb)	the executive powers or functions of the Provincial Executive, including the powers or functions referred to in sections 121(1) and (2), 125(2)(d), (e) and (f), 126, 127(2), 132(2), 133(3)(b), 137, 138, 139 and 145(1) of the Constitution;

cc)	the executive powers or functions of a municipal council;

dd)	the legislative functions of Parliament, a provincial legislature or a municipal council;

ee)

the judicial functions of a judicial officer of a court referred to in section 166 of the Constitution or of a Special Tribunal established under section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), and the judicial functions of a traditional leader under customary law or any other law;

ff)	a decision to institute or continue a prosecution;

gg)	a decision relating to any aspect regarding the nomination, selection or appointment of a judicial officer or any other person, by the Judicial Service Commission in terms of any law;

hh)	any decision taken, or failure to take a decision, in terms of any provision of the Promotion of Access to Information Act, 2000; or

ii)	any decision taken, or failure to take a decision, in terms of section 4(1);

"administrator"

means an organ of state or any natural or juristic person taking administrative action;

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

"court"

means—

a)	the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or

i)	a High Court or another court of similar status; or

ii)

a Magistrate’s Court, for any district or for any regional division established by the Minister for the purposes of adjudicating civil disputes in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), either generally or in respect of a specified class of administrative actions, designated by the Minister by notice in the Gazette and presided over by a magistrate, an additional magistrate or a magistrate of a regional division established for the purposes of adjudicating civil disputes, as the case may be, designated in terms of section 9A,

within whose area of jurisdiction the administrative action occurred or the administrator has his or her or its principal place of administration or the party whose rights have been affected is domiciled or ordinarily resident or the adverse effect of the administrative action was, is or will be experienced;

[Definition substituted by section 8 of Act No. 24 of 2015, GG 39587, dated 8 January 2016]

"decision"

means any decision of an administrative nature made, proposed to be made, or required to be made, as the case may be, under an empowering provision, including a decision relating to-

a)	making, suspending, revoking or refusing to make an order, award or determination;

b)	giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;

c)	issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;

d)	imposing a condition or restriction;

e)	making a declaration, demand or requirement;

f)	retaining, or refusing to deliver up, an article; or

g)	doing or refusing to do any other act or thing of an administrative nature,

and a reference to a failure to take a decision must be construed accordingly;

"empowering provision"

means a law, a rule of common law, customary law, or an agreement, instrument or other document in terms of which an administrative action was purportedly taken;

"failure"

in relation to the taking of a decision, includes a refusal to take the decision;

"Minister"

means the Cabinet member responsible for the administration of justice;

"organ of state"

bears the meaning assigned to it in section 239 of the Constitution;

"prescribed"

means prescribed by regulation made under section 10;

"public"

for the purposes of section 4, includes any group or class of the public;

"this Act"

includes the regulations; and

"tribunal"

means any independent and impartial tribunal established by national legislation for the purpose of judicially reviewing an administrative action in terms of this Act.