Common use of Key Activities Clause in Contracts

Key Activities. The key interventions for the DOJ&CD, in collaboration with relevant role-players, under Outcome 12: Output 3.4.:  Development of PAJA Implementation Strategy for the Public Service.  Establishment of an Inter-Departmental Working to facilitate the implementation of the Strategy.  Mainstream PAJA into business processes of the Public Service departments as well as local government through the implementation of programmes such as the development of guidelines for the implementation of the PAJA and training and awareness raising programmes.  Assist the Department of Public Service and Administration with the integration of PAJA into government initiatives aiming at Service Delivery and Organisational Transformation. The legislative framework flows from section 33 of the Constitution of the Republic of South Africa, 1996 (Constitution) which guarantees the right to just administrative action, requiring that all administrative action be lawful, reasonable and procedurally fair and that written reasons must be provided for administrative decisions, and prescribe for the enactment of a national legislation, hence the PAJA. The realisation of the right to just administrative action is dependent largely on two contingent rights viz. section 32 (the right of access to information) and section 34 (right of access to courts, tribunals or fora). These rights strengthen the attainment of the right to just administrative action in that they assist a person aggrieved by an administrative decision to challenge an administrative action, such as a potentially invalid social security decision (disability grant) by an administrator, to challenge the action in question. At this stage there may be no need to change the PAJA legislative framework, .However, with time should the desired result not be obtained, a possibility for a change may be explored requiring a review of the relevant parts of the South Africa’s Statute Book to be made compliant with requirements of the PAJA in terms of substantive and procedural requirements. Currently an administrator who has no legal background is expected to do analysis and evaluation if their empowering provisions together with relevant administrative procedures are compliant with the PAJA or not. Should their finding be that certain administrative procedures are non-compliant, to top-up with the PAJA provisions, which potentially poses a practical challenge depending on knowledge, skills and experience of the administrator concerned. Administrators are expected to apply their own line-function legislation in their respective areas often forgetting about the impact that PAJA has on their legislation. This can be addressed through training and support programmes from the institutions’ own internal legal services. An innovative aspect of the PAJA relates to enhancing access to justice by requiring magistrates’ courts to be designated to resolve disputes arising out of administrative actions. Currently only the High Courts of South Africa, Supreme Court of Appeal and the Constitutional Court have jurisdiction to hear matters of administrative action on review. Magistrate courts will be designated upon the promulgation of the Rules of Procedure for the Review of Administrative Actions pending the finalisation of a High Court matter regarding the constitutionality of certain provisions of the Rules. Furthermore the PAJA requires the promulgation of the Code of Good Conduct for Administrative Actions. This process has commenced and is receiving the attention of the Parliamentary Portfolio Committee on Justice and Constitutional Development.

Key Activities. The key interventions for the DOJ&CD, in collaboration with relevant role-players, under Outcome 12: Output 3.4.:  • Development of PAJA Implementation Strategy for the Public Service.  • Establishment of an Inter-Departmental Working to facilitate the implementation of the Strategy.  • Mainstream PAJA into business processes of the Public Service departments as well as local government through the implementation of programmes such as the development of guidelines for the implementation of the PAJA and training and awareness raising programmes.  • Assist the Department of Public Service and Administration with the integration of PAJA into government initiatives aiming at Service Delivery and Organisational Transformation. The legislative framework flows from section 33 of the Constitution of the Republic of South Africa, 1996 (Constitution) which guarantees the right to just administrative action, requiring that all administrative action be lawful, reasonable and procedurally fair and that written reasons must be provided for administrative decisions, and prescribe for the enactment of a national legislation, hence the PAJA. The realisation of the right to just administrative action is dependent largely on two contingent rights viz. section 32 (the right of access to information) and section 34 (right of access to courts, tribunals or fora). These rights strengthen the attainment of the right to just administrative action in that they assist a person aggrieved by an administrative decision to challenge an administrative action, such as a potentially invalid social security decision (disability grant) by an administrator, to challenge the action in question. At this stage there may be no need to change the PAJA legislative framework, .However, with time should the desired result not be obtained, a possibility for a change may be explored requiring a review of the relevant parts of the South Africa’s Statute Book to be made compliant with requirements of the PAJA in terms of substantive and procedural requirements. Currently an administrator who has no legal background is expected to do analysis and evaluation if their empowering provisions together with relevant administrative procedures are compliant with the PAJA or not. Should their finding be that certain administrative procedures are non-compliant, to top-up with the PAJA provisions, which potentially poses a practical challenge depending on knowledge, skills and experience of the administrator concerned. Administrators are expected to apply their own line-function legislation in their respective areas often forgetting about the impact that PAJA has on their legislation. This can be addressed through training and support programmes from the institutions’ own internal legal services. An innovative aspect of the PAJA relates to enhancing access to justice by requiring magistrates’ courts to be designated to resolve disputes arising out of administrative actions. Currently only the High Courts of South Africa, Supreme Court of Appeal and the Constitutional Court have jurisdiction to hear matters of administrative action on review. Magistrate courts will be designated upon the promulgation of the Rules of Procedure for the Review of Administrative Actions pending the finalisation of a High Court matter regarding the constitutionality of certain provisions of the Rules. Furthermore the PAJA requires the promulgation of the Code of Good Conduct for Administrative Actions. This process has commenced and is receiving the attention of the Parliamentary Portfolio Committee on Justice and Constitutional Development.