Tjaart Jurgens Maré Doctor Legum Universiteit van die Vrystaat

SUMMARY
546
South Africa has an extensive heterogeneous population where drastic and far-reaching differences
regarding community values and acceptability norms exist. These are emphasised by the serious
imbalances regarding socio-economic circumstances.
The late establishment of a democracy in South Africa was preceded by a traumatic period of intense
suffering among a large section of the population. One great advantage of South Africa becoming a
democracy at such a late stage is the fact that the country could learn from the political and
constitutional successes and failures of other countries. This aided the establishment of a new order
to ensure justice and stability for all South Africans.
The final Constitution was developed after five years of intense negotiations. To address imbalances
of the past, the Legislator deemed it necessary to write the concept administrative justice into Section
33 of the Constitution. This is currently a fundamental human right which is a right every citizen is
entitled to.
The concept administrative justice contained in Section 33 of the Constitution and its concretisation in
the Promotion of Administrative Justice Act are certainly not perfect in all respects, but, in spite of this,
is a significant effort on the part of the Legislator to create a basis for peace, justice, political tolerance
and prosperity in South Africa. The foundation was built according to a concept of administrative
justice which can develop further.
In this thesis the constitutional embodiment of administrative justice is analysed through various
approaches. A critical analysis is made with specific reference to case law as well as legislation. The
emphasis is placed on the review aspects as mentioned in the Promotion of Administrative Justice
Act, and developmental aspects of the concept will be investigated further.
Attention is paid to the history preceding the current concept of justice. This will reveal both the
essence and the problems surrounding this concept that has been around for years. A closer
investigation of the practical application and influence of administrative justice on the private law fields,
more specifically, the law of delict and contractual law will shed further light on the concept of justice.
The concept administrative justice does not only belong to the state-subject relationship, i.e. vertical
application of understanding, but also has an impact on the relationships of the private individual or
institutions – the so-called horizontal application.
The embodiment of the concept administrative justice in legislation caused a drastic change in the
approach of the courts to the application of justice. The application of the courts of legislation, such as
the "ouster clauses", and the disadvantage it has for the individual now belongs to the past.