Wednesday, January 12, 2011

S33 SOUTH AFRICAN CONSTITUTION

33. Just administrative action

(1)Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.


(2)Everyone whose rights have been adversely affected by administrative action has the right to be given
     written reasons.

(3)National legislation must be enacted to give effect to these rights, and must

(a)­ provide for the review of administrative action by a court or, where appropriate, an independent and
     impartial tribunal;

(b)impose a duty on the state to give effect to the rights in subsections (1) and (2); and

(c) promote an efficient administration.

For UM students exams purposes, note that although Article 5 of the Malaysian  Federal Constitution  safeguards one aspect of the citizens fundamental liberties,it appears only to be drafted in general terms. The SA Constituion is more extensive and specific. Another point to note is that although the Malaysian case law makes reference to "Illegality,procedural impropriety , irrationality and proportionality" (origin from CCSU case) in respect of JR- all these factors are framed in the negative sense- whereas the SA Constitution is framed in the positive sense-(LAWFUL,REASONABLE AND FAIR) ( will be discussed in class next week) -- Cheers and study well.--VJ

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