Procedural fairness to the public as an instrument to enhance public participation in public administration.
Year: 2011
Type: article
Abstract: The article attempts to explain the practical functioning of the notion \nof procedural fairness to the public. The aim of procedural fairness \nto the public is to provide efficient and effective procedures for public \nparticipation to the general public, with the right to be heard on issues of \npublic concern, via mechanisms of a collective nature, such as a public \nhearing (inquiry) or notice and comment procedure. The very presence of \nthe provisions for procedural fairness has proved to have a positive effect \non the quality of meaningful participation in administrative decisionmaking \nwhich, in turn, has the potential to enhance transparent and \naccountable public administration. However, although it is clear that the \nrequirements of Section 4 of the Promotion of Administrative Justice Act, \n3 of 2000 (PAJA) have the potential to enrich our administrative justice \nsystem considerably, much will depend on the enthusiasm with which \nthese requirements are followed and enforced in practice.
Author: D.J. Brynard
Language: English
Topic: Legal Issues in South Africa
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2104279544