Procedural fairness to the public as an instrument to enhance public participation in public administration.

Abstract

The article attempts to explain the practical functioning of the notion of procedural fairness to the public. The aim of procedural fairness to the public is to provide efficient and effective procedures for public participation to the general public, with the right to be heard on issues of public concern, via mechanisms of a collective nature, such as a public hearing (inquiry) or notice and comment procedure. The very presence of the provisions for procedural fairness has proved to have a positive effect on the quality of meaningful participation in administrative decisionmaking which, in turn, has the potential to enhance transparent and accountable public administration. However, although it is clear that the requirements of Section 4 of the Promotion of Administrative Justice Act, 3 of 2000 (PAJA) have the potential to enrich our administrative justice system considerably, much will depend on the enthusiasm with which these requirements are followed and enforced in practice.