Administrative, is not substantive law in nature, but rather a procedural law. This area of practice is a division of public law, which governs how the government interacts with individuals and juristic entities. Section 33 of the South African Constitution states that everyone has the right to administrative action that is lawful, reasonable, and procedurally fair. Administrative law is regulated by the Promotion of Administrative Justice Act 3 of 2000, commonly referred to as ‘ PAJA’. Our services include, but were not limited to, the following: Land Claims, Tender preparation and adjudication, review of administrative decisions, and attending to urgent applications to compel or prohibit unlawful administrative action. Instituting actions for damages against the decision maker, and the recognition of Kings and Queens. There is no separation between Administrative Law and Constitutional Law. We are one of the
What Is An Administrative Action
PAJA contains an extensive definition of Administrative law. For a litigant to define the abovementioned concept, the litigant has to consider the conduct in which the administrative action was taken by the relevant government institution, and or any organ of state. In the case of Majake v Commission for Gender Equality and Others 2010 (1) SA (GSJ the court stated that ‘The Application of ‘PAJA’ is triggered once it is determined that the conduct in question constitutes an administrative action under section 33 of the Constitution. In the case of Minister of Defense and Military Veterans v Motau and others 2014 (5) SA 69, the court that ‘PAJA’ gives content to the right to just administrative action as contained in Section 33 of the Constitution. The court provided seven (7) elements that an administrative action must demonstrate. (a) a decision of an administrative nature, (b) by an organ of state or a natural or juristic person, (c) exercising a public power or performing a public function, (d) in terms of legislation or an empowering provision, (e) that adversely affects the rights (f) that has a direct, external and legal effect and (g) that does not fall under any of the listed exclusions.
We learn from the abovementioned case on what to look at, before one can determine whether an action and or conduct is administrative in nature. Our firm will guide you through the legal process that you must follow and understand both PAJA and the Constitution.
Public Procurement
Public procurement, forms part of Administrative and Constitutional law. in essence, public procurement is the legal process, in which government authorities, and or state entities purchase goods, services, and other related outsourced work, using public funds, and or state funds. There are four principles in which the state has to honor when securing any services for the benefit of the state, namely (a) Transparency, the state has to ensure that the process is open and visible in order to prevent corruption and favoritism (b) Fairness, the state has to give all the suppliers an equal opportunity to compete, and or to tender in a fair manner, (c) Accountability, the state owned enterprise has to maintain a clear audit trails and responsible management of taxpayer money and lastly (d Value for money ), the services required and or sourced by the state agencies must be value for money, the supplier must be able to show that they can balance the costs, produce quality, deliver within the agreed timelines, and statement must be able to answer to technical requirements, rather than just picking the lowest price.
What Are The Remedies To An Administrative Action And Or Public Procurement
Where an entity and or an individual is grieved by a decision taken by an administrator. Such an entity and or induvial have a number of legal remedies that they can use to resolve any grievance that they might have.
Bail Applications
Before any litigant can litigate the said litigant must first seek reasons from the administrator for his or her decision as taken. After reasons have been furnished, the litigant must follow any internal appeal process that the government department might have.
Bail Schedules
After all internal processes have been followed, and the litigant is not satisfied, then the litigant can approach the court to set aside the decision of the administrator, by way of a review.
Bail Applications
An aggrieved litigant can sue and or claim compensation for (a) delictual damages for malperformance of Statutory functions, (b) Competition PAJA, (c) Constitutional Damages.
Bail Schedules
The litigant can also bring an interdict against the administrator, seeking Prohibitory, structural interdicts, interim and final interdicts, and lastly interdicts that restrain the exercise of executive and legislative power.