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Code of Good Administrative Conduct
Republic of South Africa - Justice and constitutional development
Republic of South Africa - Justice and constitutional development
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Keywords
code of conduct
public administration
code of ethics
public administration
code of ethics
GE Subjects
Political ethics
Governance and ethics
Economic ethics
Labour/professional ethics
Governance and ethics
Economic ethics
Labour/professional ethics
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Abstract
"Section 10(5A) of the Promotion of Administrative Justice Act, 3 of 2000, (‘PAJA’) says that the Minister for Justice and Constitutional Development must publish a code of good administrative conduct. The code must provide administrators with practical guidelines and information to promote an efficient administration and the achievement of the objects of PAJA. This Code therefore provides guidance to administrators to ensure that the decisions they take are lawful, reasonable and procedurally fair. It also assists administrators to comply with the requirement that reasons must, when requested, be given for decisions. This Code does not impose legal obligations on administrators in addition to those imposed by the Constitution of the Republic of South Africa, 108 of 1996, (“the Constitution”) and PAJA. It explains PAJA and the relevant law in the Constitution in order to assist administrators to comply with their legal duties. The Code assists administrators to identify the basic rules of administrative justice that are applicable to their work. It is not a legal textbook and administrators must seek legal advice in difficult cases. For a list of legal textbooks and other resources dealing with administrative law, see Annexure D. A helpful resource for use by administrators is the website http://www.aja.org.za. Administrators should follow this Code’s guidelines as closely as possible. This is because a departure from the guidelines contained in this Code could be an indication that the Constitution and the requirements of PAJA have not been complied with. This Code has been approved by Parliament and the Cabinet as required by PAJA."
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With permission of the license/copyright holder