Administrative Law is the branch of public law that governs the relationship between the state and its citizens, specifically regulating how public powers and functions are exercised by administrative bodies, officials, and government departments. In South Africa, this area of law is anchored by Section 33 of the Constitution, which guarantees the right to administrative action that is lawful, reasonable, and procedurally fair, and is given effect through the Promotion of Administrative Justice Act (PAJA).
Our firm provides robust legal representation to individuals, corporations, and non-profit organisations challenging improper, unlawful, or unfair decisions made by government entities. We focus on holding the state and its organs accountable, ensuring that public power is exercised within the bounds of the Constitution and relevant legislation. Our expertise lies in judicial review proceedings aimed at setting aside flawed administrative actions and compelling public bodies to act justly.
Our core Administrative Law services include:
- 🔹 Judicial Review Applications: Challenging administrative decisions—such as the awarding of tenders, licensing decisions, denial of permits, or enforcement actions—on grounds of illegality, irrationality, and procedural unfairness.
- 🔹 Procedural Fairness Compliance: Advising both individuals and administrators on the necessary steps to ensure procedural fairness (e.g., the right to be heard and the right to adequate notice) is observed before a decision is taken.
- 🔹 Access to Information (PAIA): Assisting clients in utilizing the Promotion of Access to Information Act (PAIA) to compel public and private bodies to release records and reasons for decisions.
- 🔹 Constitutional and Legality Reviews: Bringing challenges against public exercises of power that fall outside the strict definition of administrative action but must still comply with the principle of legality and the rule of law.
- 🔹 Appeals and Internal Remedies: Guiding clients through required internal appeal processes mandated by specific legislation before resorting to judicial review.
Administrative Law cases often require a nuanced understanding of constitutional principles and legislative detail. Our strategic advantage is derived from our constitutional literacy and proven ability to navigate the complex procedural requirements of judicial review.
- 🔹 Constitutional and PAJA Specialisation – We possess deep expertise in applying the provisions of PAJA and the Constitution's Bill of Rights, which is essential for successfully overturning unlawful administrative decisions.
- 🔹 Focused Public Law Litigation – Our team is skilled in the specific requirements and timelines of judicial review, ensuring that applications are brought correctly and timeously to challenge government actions.
- 🔹 Holding Power to Account – We are committed to upholding the constitutional values of transparency, accountability, and responsiveness, aggressively pursuing remedies like setting aside flawed decisions and compelling corrective action.
- 🔹 Detailed Factual and Legal Analysis – We meticulously scrutinize the administrative record to expose procedural defects, lack of rationality, or misapplication of empowering provisions, creating the strongest possible case for review.
Related Blog Articles
Administrative law provides the mechanisms to challenge the abuse of power. These articles focus on core rights and how citizens can enforce accountability against organs of state.