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30 October 2007

"Everyone has the right to administrative action that is lawful, reasonable and procedurally fair and everyone whose rights have been adversely affected by the administrative action has the right to be given reasons."

These were the words from Advocate Shirley Misser of the Department of Justice and Constitutional Development, addressing the Community Development Workers (CDWs) during the road show that was organised by the Department of Justice and Constitutional Development, German Technical Co-operation and the Department of Public Service and Administration. The road show was held at the Valencia Industria in Nelspruit on 30 October 2007. The Director: Development Planning; Mr A Mkhabela from the Mpumalanga Provincial Government welcomed all the participants and the facilitators.

He also reiterated the importance of this piece of legislation in effecting the Batho Pele principles and more importantly for member of the Community. Mr Sello Chiloane, also from the Department of Justice and Constitutional Development, in his opening remarks emphasised the importance of respecting human rights in an open and democratic society and elaborated on the role of Chapter nine Institutions like the Public Protector, Commission for Gender Equality and the Human Rights Commission in giving effect to these human rights as illustrated in Chapter two of the Constitution.

Dr Lothar Jahn is the project Manager for the German Technical Co-operation in South Africa and is also an expert who is advising government and citizens in terms of service delivery and justice related issues, especially on PAJA. In addressing more than 350 trained CDWs from different municipalities around
Mpumalanga, Dr Jahn said that the main aim of the road show is to:

* disseminate information about the Act and empower communities
* give effect to the constitutional right as prescribed in section 33 of the Constitution of the Republic of South Africa
* promote an efficient administration
* create a culture of accountability, openness and transparency
* facilitate good governance.

Advocate Misser indicated that PAJA is central to affecting the goals of the developmental state. Its centrality lies in its ability to effect good governance, which is needed in a context of South African public administration where the decision making process requires the thorough application of one's mind. There is no place for decisions based on intuition or whim. It is important for the CDWs to be informed of this right bestowed by the Constitution because they can now inform the communities they represent about this right.

This kind of initiative enables people to become aware of their human rights. If one is aware of one's rights one is able to exercise it. Furthermore, the government, through its orientation of the developmental state, is citizen centred and expects a participatory and productive interaction between citizens and the state that is mutually beneficial. "In his State of the Nation Address in May 2002, President Thabo Mbeki, stressed that the struggle to eradicate poverty and underdevelopment in our own country is fundamental to the achievement of our own national goal to build a caring and people centred society," she quoted.

Mr Ailwei Mulaudzi, Senior Manager at Department of Public Service and Administration (DPSA) stated that the PAJA is clearly one of the most transformative pieces of legislation fostering transparency and openness in the decision making process. All departments must ensure that all their administrative decision-making processes are PAJA compliant. The PAJA remains a catalytic piece of legislation, and all behaviour expected (Batho Pele) is premised on sound PAJA implementation.

Enquiries:
Heinrich Augustyn
Tel: 012 315 1723
Cell: 084 666 4499

Issued by: Department of Justice and Constitutional Development
30 October 2007
Source: Department of Justice and Constitutional Development (http://www.doj.gov.za)