INTRODUCTION

The decision by the local company in Sedgefield does not constitute procedural fair
administrative action in terms of PAJA.

Administrative action

I believe in order to understand whether the decision was procedural fair, we have to
understand what administrative action is .Administrative action in terms of PAJA section 1 is
described as any decision taken by an organ of state when exercising a power in terms of the
constitution, also when exercising power or performing a public function in terms of any
legislation.i The company in Sedgefield performed public function erecting a desalination plant
in as regulated by National Environmental Act of 1998 as well as Environmental Assessment
Act Regulation of 2010.It is also a juristic person performing a public function in terms of an
empowering provision.ii General administrative action is also applicable as this involved local
resident of Sedgefield as represented by a local ratepayers association therefor administrative
action existed and applied between the parties involved.

Procedurally fair administrative action in terms of PAJA

According to PAJA administrative action must be reasonable, fair and procedurally fair. For the
right to procedurally fair administrative action to take place, the administrator must act towards
the people involved in a manner that is fair when reaching the decision. The administrator must
take appropriate steps to communicate the administrative action to those likely to be adversely
affected by the decision materially or otherwise, this is according to section 4(3) of PAJA.iii The
community of Sedgefield as represented by the rate payers association alleges that they were
not informed of or asked for an input prior to erection of a desolation plant. The behavior of the
local company is contrary to the provisions of procedurally fair administrative action in
accordance with PAJA.

Acting in a procedurally fair administrative manner in accordance with common law

The right to procedurally fair administrative action also relates into whether the administrator
acted in a manner that is fair in reaching the decision.iv Acting fairly as a requirement for
procedural fair administrative action is expressed in the common law rule of hear ones side .It
is clear that the side of the locals in Sedgefiled was not heard and their views were not heard on
a matter that affected their rights. To name the few rate payers association alleges that the
erection of a plant have negative impact on the environment and 3rd Generation rights mean
right to a clean and sustainable environment, these were not considered. Lastly the common
law also applies rules of natural justice where persons involved must be informed of
considerations that count against them.
Values of constitution

Section 33(1) of the constitution states that everyone has the right to administrative action that
is lawful, reasonable, and procedurally fair.. Section 33(2) goes further by stating that every one
whose rights have been adversely affected by the administrative action has a right to be given
written reasons. Public participation is also a very important part of fairness and a factor in our
constitution. In enshrines our values of democracy and principle. Section 195(2) encourages
responsiveness to public participation.v

Case law

Our courts also provide interpretation of procedurally fair administration. In the Bato Star
decision, It was found that the refusal of such quotas has a general impact on the fishing
community. The trial was in relation with the Marine living act 18 of 1998.vi

Conclusion

While the decision to erect a plant for the desalination of seawater was an administrative action
and there were valid reasons such as shortages of water- procedurally fair administration has
nothing to do with the merits of a decision but rather procedures being followed by
administrators as described by PAJA. Necessary steps were not followed by the local company
as a result the administrative action ended up being unfair to those adversely affected by the
action.

i
PAJA no 3 of 2000,administrative law study guide page 190
ii
PAJA no 3 0f 2000,administrative law study guide page 190
iii
PAJA
iv
Study guide page 126
v
The constitution of the Republic of South Africa ,Ninth Edition, Just administrative action ,page 15
vi
Administrative Law study guide, page 143