IN CONVERSATION WITH Ms Lerato Motaung & Ms Maureen Mabas
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Section 33 of the Constitution of the Republic of South Africa is one of the most important legal provisions safeguarding the rights of ordinary citizens. It ensures that every person is treated fairly and reasonably by organs of state and anyone performing a public function.
What Does Section 33 Say?
Section 33 states:
• Everyone has the right to administrative action that is lawful, reasonable, and procedurally fair.
• Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
• National legislation must be enacted to give effect to these rights.
This section guarantees that decisions taken by government departments, public officials, and even institutions like universities or licensing authorities, must be taken in a way that is fair and follows proper procedure.
Why Does Section 33 Matter?
Public bodies make decisions every day that affect people’s lives — whether it's about social grants, housing, immigration, healthcare, or business licenses. Section 33 ensures that such decisions:
• Follow the law
• Are not arbitrary or biased
• Are explained properly if someone is affected negatively
For example, if a person is denied a social grant or housing subsidy, they have a right to be told why, and to challenge the decision if it seems unfair.
The Promotion of Administrative Justice Act (PAJA)
To give full effect to Section 33, Parliament passed the Promotion of Administrative Justice Act (PAJA) in 2000. PAJA sets out the rules for fair administrative action and gives people a way to challenge decisions in court if their rights have been violated.
PAJA ensures that:
• People are given notice of decisions affecting them
• They have a chance to make representations before a decision is made
• They are given clear reasons for any adverse decision
• They can appeal or review a decision that is unjust or unreasonable
Who Does Section 33 Apply To?
Section 33 applies to:
• All government departments
• Municipalities
• Public officials
• Private individuals or bodies performing a public function
It does not apply to private actions between individuals, such as family or employment disputes in the private sector — unless one party is exercising public power.
How Can Citizens Use Section 33?
If you believe you've been treated unfairly by a government agency or public body, you can:
• Request written reasons for the decision.
• Appeal the decision internally where processes exist.
• Lodge a complaint with the Public Protector, Human Rights Commission, or relevant authority.
• Take the matter to court, using PAJA as the legal framework.
Conclusion
Section 33 empowers people to demand accountability from the state. It is a cornerstone of good governance and fairness in South Africa. When government decisions are transparent, reasonable, and fair — and when citizens know their rights — democracy is stronger and more inclusive.
What Does Section 33 Say?
Section 33 states:
• Everyone has the right to administrative action that is lawful, reasonable, and procedurally fair.
• Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
• National legislation must be enacted to give effect to these rights.
This section guarantees that decisions taken by government departments, public officials, and even institutions like universities or licensing authorities, must be taken in a way that is fair and follows proper procedure.
Why Does Section 33 Matter?
Public bodies make decisions every day that affect people’s lives — whether it's about social grants, housing, immigration, healthcare, or business licenses. Section 33 ensures that such decisions:
• Follow the law
• Are not arbitrary or biased
• Are explained properly if someone is affected negatively
For example, if a person is denied a social grant or housing subsidy, they have a right to be told why, and to challenge the decision if it seems unfair.
The Promotion of Administrative Justice Act (PAJA)
To give full effect to Section 33, Parliament passed the Promotion of Administrative Justice Act (PAJA) in 2000. PAJA sets out the rules for fair administrative action and gives people a way to challenge decisions in court if their rights have been violated.
PAJA ensures that:
• People are given notice of decisions affecting them
• They have a chance to make representations before a decision is made
• They are given clear reasons for any adverse decision
• They can appeal or review a decision that is unjust or unreasonable
Who Does Section 33 Apply To?
Section 33 applies to:
• All government departments
• Municipalities
• Public officials
• Private individuals or bodies performing a public function
It does not apply to private actions between individuals, such as family or employment disputes in the private sector — unless one party is exercising public power.
How Can Citizens Use Section 33?
If you believe you've been treated unfairly by a government agency or public body, you can:
• Request written reasons for the decision.
• Appeal the decision internally where processes exist.
• Lodge a complaint with the Public Protector, Human Rights Commission, or relevant authority.
• Take the matter to court, using PAJA as the legal framework.
Conclusion
Section 33 empowers people to demand accountability from the state. It is a cornerstone of good governance and fairness in South Africa. When government decisions are transparent, reasonable, and fair — and when citizens know their rights — democracy is stronger and more inclusive.
