PUB3707
PORTFOLIO
DUE DATE: 29 MAY 2026
, PUB3707 PORTFOLIO 2026
DUE 29 MAY 2026
Question 1: Administrative Justice
1.1 Administrative Justice
Administrative justice is a fundamental concept within public administration that ensures
public bodies and those exercising public functions make decisions that are lawful,
reasonable, and procedurally fair. According to Brynard (2012:11), administrative justice
consists of those principles which public officials should comply with to be able to act in
a just and fair way towards others. The most fundamental principles at issue here,
which government action should comply with, are the requirements of reasonableness,
fairness and impartiality.
The Constitution of the Republic of South Africa, 1996, entrenches the right to
administrative justice in Section 33, which states that "everyone has the right to
administrative action that is lawful, reasonable and procedurally fair" (Republic of South
Africa, 1996). This constitutional provision establishes that justice is not merely a matter
of individual moral responsibility but a legally enforceable right that every citizen
possesses in their interaction with the state.
To illustrate, consider a citizen applying for a trading licence from a local municipality.
Administrative justice requires that the municipal official processing the application must
act within the authority granted by relevant legislation, must consider all relevant factors
before making a decision, and must follow fair procedures including giving the applicant
an opportunity to be heard before refusing the application. As Brynard (2012:14)
explains, officials are confronted every day with problems of administrative justice when
PORTFOLIO
DUE DATE: 29 MAY 2026
, PUB3707 PORTFOLIO 2026
DUE 29 MAY 2026
Question 1: Administrative Justice
1.1 Administrative Justice
Administrative justice is a fundamental concept within public administration that ensures
public bodies and those exercising public functions make decisions that are lawful,
reasonable, and procedurally fair. According to Brynard (2012:11), administrative justice
consists of those principles which public officials should comply with to be able to act in
a just and fair way towards others. The most fundamental principles at issue here,
which government action should comply with, are the requirements of reasonableness,
fairness and impartiality.
The Constitution of the Republic of South Africa, 1996, entrenches the right to
administrative justice in Section 33, which states that "everyone has the right to
administrative action that is lawful, reasonable and procedurally fair" (Republic of South
Africa, 1996). This constitutional provision establishes that justice is not merely a matter
of individual moral responsibility but a legally enforceable right that every citizen
possesses in their interaction with the state.
To illustrate, consider a citizen applying for a trading licence from a local municipality.
Administrative justice requires that the municipal official processing the application must
act within the authority granted by relevant legislation, must consider all relevant factors
before making a decision, and must follow fair procedures including giving the applicant
an opportunity to be heard before refusing the application. As Brynard (2012:14)
explains, officials are confronted every day with problems of administrative justice when
