Question

The Promotion of Administration Justice Act 2000 (PAJA) allows for good governance and it regulates the exercise of power given to public officials. It also serves the purpose of ensuring that the public takes part in the decision-making process when it comes to public decisions being made. In light of the above statement critically discuss procedural fairness in respect of the person contained in Section 3 of PAJA. (Typed responses, please)

Answer 1

                       If you have any doubt please comment.

Answer;-

Procedual fairness in respect of the person contained in sec 3 of promotion of administration justice Act (PAJA) , 2000.

Section 3 of PAJA deals with fair procedures when making decisions with a particular impact there some procedure that and administrator.

(a) must follw before making decision (mondatory procrdures).

(b) some additional procedure that administrator must consider.

Mondatory procedures;-

There are 5 Mondatory procedures that must be followed when performing an administrative action that has a particular impact on person or persons.

There are to be given to affected person before decision is taken.

1) Adequate notice of the nature and purpose of proposed administrative action.

2) A reasonable opportunity to make reprentations.

After decision is taken,

3) A clear statement of the administrative action.

4) Adequate notice of the right of review or internal appear

5) Adequate notice of the right to request resons in terms of 5 of the PAJA 2000.

Additional procedures;-

Every administrative must consider the following three additional procedures.

• Providing assistance in responding to the action this may mean that a person must be allowed to have legal reprentation.
• A person should be given an apportunity to present information and arguments in their favour and to challenge information and argumentd against them.
• A person affected may need to be given the opportunity to appear in person before the administrator.

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