Reasons for administrative action: what are the implications for public officials?

Abstract

The right to be given written reasons when the rights of someone has been adversely affected by administrative action has been constitutionaiised by the 1996-constitution and fleshed out in the Promotion of Administrative justice Act of 2000 (PAJA). In the interests of creating a climate of accountability, transparency and accessibility in public administration, the obligation created by this right is welcomed. The purpose of this article is to determine what the deeper rationale is behind this obligation to furnish reasons. Also to determine who is entitled to reasons, how reasons can be obtained, and what other requirements do the affected people have to satisfy to secure the reasons? The article seeks to explain the procedural requirements on the part of the public administration when a request for reasons is considered. The effect of the duty to provide reasons on the public administration in terms of a failure to provide reasons, the possible exceptions to providing reasons, and the efficiency, accountability and other administrative effects of the obligation are also considered. There is no doubt that the giving of reasons is one of the fundamental features of good public administration.