Regulation: The Administrative Justice Act, 2000



Government Gazette

Vol. --, No. --, 2000

Regulation Gazette, No. --

No. R. --

GOVERNMENT NOTICE

DEPARTMENT OF JUSTICE


REGULATIONS IN TERMS OF THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT, 2000
(Advisory Council)

The Minister of Justice has in terms of section 10 of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000), made the regulations set out in the Schedule.

SCHEDULE

Definitions

1. In these regulations, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act has the same meaning, and –

"Act" means the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000);

"Council" means the Administrative Justice Advisory Council established by regulation 2.

Establishment of Administrative Justice Advisory Council

2. An Administrative Justice Advisory Council is hereby established.

Functions

3. (1) The Council must –

(a) monitor the application of the Act and advise the Minister on –

(i) the appropriateness of publishing uniform rules and standards which must be complied with in the taking of administrative action, including the compilation and maintenance of registers containing the text of rules and standards used by organs of state;

(ii) any improvements that might be made in respect of internal complaints procedures, internal administrative appeals and the judicial review by courts or tribunals of administrative action;

(iii) the appropriateness of establishing independent and impartial tribunals, in addition to the courts, to review administrative action and of specialised administrative tribunals, including a tribunal with general jurisdiction over all organs of state or a number of organs of state, to hear and determine appeals against administrative action;

(iv) the appropriateness of requiring administrators, from time to time, to consider the continuance of standards administered by them and of prescribing measures for the automatic lapsing of rules and standards;

(v) programmes for educating the public and the. members and employees of administrators regarding the contents of the Act and the provisions of the Constitution relating to administrative action;

(vi) any other improvements aimed at ensuring that administrative action conforms with the right to administrative justice;

(vii) any steps which may lead to the achievement of the objects of the Act; and

(viii) any other matter in respect of which the Minister requests advice;

(b) act as a forum in which the Department of Justice, other organs of state, the judiciary, the legal profession, legal training institutions and other interested bodies can share information and  co-ordinate policy issues regarding the application of administrative justice; and

(c) request other institutions to perform research for the Council.

(2) The Director-General of Justice must provide administrative support for the Council to function effectively.

Composition

4. (1) The Council consists of –

(a) a senior representative of each of the following:

(i) the Department of Justice;

(ii) the Public Service Commission;

(iii) the Public Protector;

(iv) any other organ of state designated by the Minister;

(v) the judiciary;

(vi) each professional legal association requested by the Minister to nominate a representative; and

(viii) the faculties of law at South African universities collectively;

(b) the chairperson of the Justice Portfolio Committee of the National Assembly;

(c) the chairperson of the Justice Select Committee of the National Council of   Provinces; and

(d) any other person appointed by the Minister.

(2) The members of the Council are entitled to be compensated for reasonable expenses incurred by them in connection with the work of the Council.

Chairperson and Deputy Chairperson

5. (1) The Minister must designate a member of the Council as the Chairperson and another member as the Deputy Chairperson of the Council.

(2) The Chairperson presides at meetings of the Council and performs the other functions assigned to the chairperson.

(3) The Deputy Chairperson acts as chairperson if –

(a) the Chairperson is absent or unable to perform the functions of chairperson; or

(b) the office of chairperson is vacant.

Meetings and procedure

6. (1) The Chairperson of the Council must call a meeting of the Council when necessary or if the Minister so requests.

(2) The Council –

(a) must meet at least twice a year;

(b) may determine its own procedures at meetings; and

(c) may appoint committees from its members to assist it in the performance of its functions or the exercise of its powers.

Short title and commencement

7. These regulations are called the Regulations on the Administrative Justice Advisory Council, 2000, and take effect on a date to be determined by the Minister of Justice by notice in the Government Gazette.


the department of justice and constitutional development
Private Bag x 81, Pretoria, 0001 : Tel: + 27 + 12 315 1111 : Fax: +27 +12 315 1112 : Momentum Centre, 329 Pretorius street, Pretoria : http://www.doj.gov.za