Tjaart Jurgens Maré Doctor Legum Universiteit van die Vrystaat

“A genuinely participatory, responsive, accountable, affordable and efficient system of
administrative decision making is attainable in South Africa, and every South African, no
matter how poor or disadvantaged, is entitled to nothing less. The new system of
government must of course be tailored to the limited resources available. But those
multitudes of South Africans, who have too long had to endure the insult of social and third
class administrative justice and accountability.” 598
277
Met die oog op die versoening/integrering van administratiewe geregtigheid en administratiewe
doelmatigheid heers daar tans groot regsonsekerheid en verskeie probleme moet nog uit die weg
geruim word.
Hoexter en Lyster huldig die volgende standpunt :
“The reforms brought about in South African administrative law since 1994 are certainly
extensive. The question is, are they sufficient. At the risk of sounding ungrateful, we would
say that they are not. In relation to some of the reforms, such as the introduction of notice
and comment procedures and public inquiries, it is admittedly too soon to tell what sort of
impact they will have on the administrative system - or even whether they will be used at all,
since both procedures are purely voluntary. Nevertheless, there remains much to be done.
As we have indicated above, the system of administrative appeals, which is an important
adjunct and alternative to judicial review, has not been reformed at all yet. Some of the
legislative controls, such individual ministerial responsibility and the scrutiny of delegated
legislation are so weak as to be almost meaningless. The performance of some institutions
like the office of the Public Protector, has proved rather disappointing on the whole, a
reminder, perhaps that reform needs to be backed by sufficient funding if it is to be really
effective.” 599
Een van die belangrike vrae wat beantwoord moet word, is of die Wet wel administratiewe
geregtigheid bevorder en of dit die nodige beskerming ingevolge Artikel 33 van die Finale-
Grondwet aan die onderdaan verleen?
598 Baxter, 1993:196.
599 Hoexter, 2002:60.