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The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council

Section 33 of the Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(...

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Main Author: Hona, Zakuthwani Alfred
Other Authors: Corder, Hugh
Format: Thesis
Language:English
Published: Department of Public Law 2020
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access_status_str Open Access
author Hona, Zakuthwani Alfred
author2 Corder, Hugh
author_browse Corder, Hugh
Hona, Zakuthwani Alfred
author_facet Corder, Hugh
Hona, Zakuthwani Alfred
author_sort Hona, Zakuthwani Alfred
collection Thesis
description Section 33 of the Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the Constitution. Section 32 of the Constitution also guarantees to everyone the right of access to information. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) was promulgated to give effect to this fundamental right as contemplated in s 32(2) of the Constitution. This thesis considers the extent to which the provisions of PAJA may be applicable to the actions of the South African Legal Practice Council (“the LPC”). It also considers the extent to which the provisions of PAIA may be applicable to the records of the LPC. Some remedial legislative amendments to the provisions of both PAJA and PAIA are recommended with the view of addressing certain identified legal obstacles. The proposed legislative amendments will enhance the exercise, realisation, enforcement and protection of both the right to just administrative action and the right of access to information.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:31:30.019Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2020
publishDateRange 2020
publishDateSort 2020
publisher Department of Public Law
publisherStr Department of Public Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/32278 The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council Hona, Zakuthwani Alfred Corder, Hugh Calland, Richard Administrative and Constitutional Law Section 33 of the Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the Constitution. Section 32 of the Constitution also guarantees to everyone the right of access to information. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) was promulgated to give effect to this fundamental right as contemplated in s 32(2) of the Constitution. This thesis considers the extent to which the provisions of PAJA may be applicable to the actions of the South African Legal Practice Council (“the LPC”). It also considers the extent to which the provisions of PAIA may be applicable to the records of the LPC. Some remedial legislative amendments to the provisions of both PAJA and PAIA are recommended with the view of addressing certain identified legal obstacles. The proposed legislative amendments will enhance the exercise, realisation, enforcement and protection of both the right to just administrative action and the right of access to information. 2020-09-16T09:48:46Z 2020-09-16T09:48:46Z 2020 2020-09-15T11:55:56Z Master Thesis Masters LLM http://hdl.handle.net/11427/32278 eng application/pdf Department of Public Law Faculty of Law
spellingShingle Administrative and Constitutional Law
Hona, Zakuthwani Alfred
The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
thesis_degree_str Master's
title The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
title_full The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
title_fullStr The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
title_full_unstemmed The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
title_short The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
title_sort applicability of the promotion of access to information act 2 of 2000 and promotion of administrative justice act 3 of 2000 to the south african legal practice council
topic Administrative and Constitutional Law
url http://hdl.handle.net/11427/32278
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