1 IMPLEMENTATION OF THE PAJA DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

2 CONTENT Introduction Evaluations and findings Responses Assistance Challenges

3 INTRODUCTION The promotion of the PAJA began in 2000 using an integrated approach. The Chief Directorate: Constitutional Development within the Department is responsible for the implementation of the PAJA nationally. A technical co-operation agreement has been signed between the South African Government and the German Government. Hence, the involvement of the German Technical Co-operation (GTZ) with the Department. A MOU with the Public Service Commission has been signed. Partnerships with the Department of Public Service and Administration (DPSA) and SAMDI to assist with the trainer capacity issues have been established.

4 EVALUATION AND FINDINGS - Project Activities Being Evaluated ( ) The Department and Justice College had undertaken a number of initiatives to try to ensure that government departments and other organs of state follow procedures that comply with the principles of just administrative action. Some of these initiatives include- commissioning the drafting of the “The Promotion of Administrative Justice Benchbook”; publishing an Administrator’s Guide regarding the PAJA, for purposes of assisting administrators to understand the impact of the PAJA on the decisions taken by them. The second edition of the Guide is currently being published;

5 the PAJA training for legal advisers was undertaken at national and provincial level; train the trainer courses were also offered at national and provincial level; the PAJA training for administrators, was undertaken at national level and in various provinces; and a pilot project conducted in the Northern Cape Province in which compliance officers from each provincial department were trained to implement the PAJA in their particular department; and the development of sector specific awareness materials for both the public service and the public. The purpose is to enable employees and the public to be able to understand the relevance of the PAJA in their environment.

6 EVALUATIONS AND FINDINGS AUDIT OF LEGISLATION The PAJA Audit Project was concerned with gauging the extent to which the procedural fairness requirements laid down in sections 3 and 4 of the PAJA are either present or absent in other legislation permitting or requiring administrative action to be taken by administrators, and how – in practice – administrators give effect to the right to procedural fairness. THE RAPID ASSESSMENT Joint M&E task team comprising the OPSC, the Department and the GTZ conducted the research. The purpose of the research was to assess the current status of compliance with the provisions of the PAJA in national, provincial and local government and in a selection of civil society organizations.

7 RESPONSES: INCREASING COMMITMENT Because there is no enforcement provision within the PAJA, compliance from all sectors appears to be low. In order to encourage compliance discussions with the DPSA and watch dog bodies like the Public Service Commission and Auditor-General’s Office have occurred. The OPSC has agreed to have the PAJA as a standing item on their M&E tool which would then require Departments being evaluated to report on it. Hence, its inclusion in the State of the Public Service Report, Efforts to obtain the AG’s buy-in to have the PAJA as a reporting item in their annual report were unsuccessful as a financial link could not be ascertained. Through the DPSA we are hoping to include the PAJA as an item to report on in the Annual Reports.

8 RESPONSES – NATIONAL The Department’s strategy has been adjusted in order to address the findings of the evaluations by: increasing the human resource capacity of the Chief Directorate: Constitutional Development; providing training on project and change management to members of the project steering committee; holding workshops on the PAJA implementation for legal advisors; supporting the PAJA implementation working group to improve their PAJA activities within National Departments; providing awareness training to interested National Departments; suggesting feasible and concrete activities to National Departments to initiate the PAJA implementation through sub-projects; and developing a uniform evaluation tool applicable to the Public Service.

9 RESPONSES – PROVINCIAL AND LOCAL GOVERNMENT In the provinces the Premiers Offices are being used as a point of entry, together with the support of the Department’s Regional Offices. Limpopo, E. Cape and N. Cape have indicated a commitment to initiate the PAJA sub-project. Collaboration with both KwaZulu- Natal and the W.Cape have also been initiated. The Department had invited experts from Local Government to a strategic workshop to address the approach that should be used to ensure the successful implementation of the PAJA at the Local Government level. The outcome was to: - implement a planned pilot PAJA sub –project in the Bojanala district municipality in the North West province; - assess the pilot PAJA sub-project in cooperation with the SALGA National GIR Working Group; and - the roll out of the PAJA sub-projects in at least one district municipality in each province supported by SALGA.

10 ASSISTANCE – PROJECT TOOLS, STRATEGIES AND ADVISORY SERVICES The Department offers: uniform evaluation tools; train the trainer courses; implementation workshops for legal advisors; audit of department specific legislation; up to date court decisions related to PAJA (Newsletter); training material; the PAJA related information material for the public; specific advice on the PAJA compliance regarding policies, manuals, IT based procedures etc.

11 CHALLENGES The Challenges To motivate the senior management level in all spheres of government to implement the PAJA. To ensure the allocation of dedicated personnel for the PAJA implementation. The need to capture PAJA implementation in performance agreements within the Public Service. To address the perception that training on the PAJA is all that is required for PAJA implementation. To ensure an organisational culture that is fair and just in decision making. To finalise the Court Rules to shift jurisdiction of PAJA related disputes from the High Courts to the Magistrate Courts. The finalization of the Code of Good Administrative Conduct.

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