The Role Played by Accountability in the Administrative Law - Law Assignment Help

The role played by accountability in the administrative law and justice of South Africa.
 

1. The research problem or statement
A study on the concept of accountability as a constitutional principle and value, specifically concerning its interpretation or application in administrative justice. Accountability plays a significant role in the general administration of the country, as evidenced by the highest law of the country, The Constitution. The importance of accountability is to ensure a balance of rights, interests and obligations in governing the country, it is also to emphasise the rule of law to maintain fairness and justice in the administrative decision-making and conduct. This study will focus on the importance of accountability in South Africa’s administrative action, law and justice, as well as the results of either ignoring or upholding this concept as administrators.

2. The research question(s)
What is administrative action, administrative law and administrative justice?
How is accountability as a constitutional concept part of South African administrative law
Has South African administrative law been able to successfully pursue accountability?
What are the results of a lack of accountability?

3. Motivation – background
South Africa is a democratic country that is governed by a just and fair Constitution. This Constitution regulates the power of different branches of government to ensure the rule of law as well as consistency and alignment with the values of the Constitution. Section 33 of the Constitution sets out the right to just administrative action, it places a duty on the state to give effect to the right to fair, lawful, reasonable and procedurally fair administrative action and reasons have to be provided for such decisions taken.
This places a duty on those who exercise public power or perform public functions to be accountable for their conduct and therefore avoiding a decline in the quality of public services.

4. Literature overview
4.1 Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (“PAJA”) gives a definition in section 1 of administrative action being any decision taken or failure to take a decision by; an organ of state when exercising or performing public function or their constitutional powers in terms of any legislation and, any natural or juristic person excluding an organ of state when performing a public function in terms of an empowering provision which has an adverse and direct effect to any other person. Administrative law is the part of the constitutional power which empowers those exercising public power and holding public functions according to the provisions of the law. It also holds accountable to the rule of law those who exercise public powers. The Constitution provides state organs with the necessary power to lead but their conduct based on that power must be accounted for, therefore a democratic state is upheld because power, according to the Constitution’s Section 2, cannot be abused because the Constitution is supreme.

4.2 The first chapter of the Constitution enshrines that we have a multi-party democracy system in order to ensure accountability, responsiveness and openness. There are a number of accountability mechanisms provided for in the Constitution, such as free and fair elections at regular intervals to enable the public to exact accountability from its political representatives at national, provincial and local levels. Other accountability measures include the separation of powers, which divides the state into legislative, executive and the judiciary. Separation of powers is essential to creating a platform for accountability because different branches of government share power and there is balance, therefore the power to make administrative decisions are not based on one organ of the state.
The judiciary is an institution that literally applies accountability as they ensure that organs of the government as well as citizens are in alignment with the Constitution and not violating any of its values while performing public functions or exercising public power.

4.3 Gerald Caiden once pointed out that people usually receive the government they deserve. If they are demanding, inquisitive, diligent and caring about what is happening around them, if they are eager and willing to learn then they will get a good government. But, if they allow themselves to be intimidated, bullied, deceived and ignored, they will be in the midst of chaos and receive a bad government. Politicians are ordinary human beings and not saints. Therefore, the law might provide a smooth interpretation of what Administrative justice is, but it is in the hands of people to understand and apply it. The Constitution has provided people with the right to elect who is best suited to lead them, it also affords them a dignified life free from government oppression. South Africa has a solid accountability system based on the Constitution and PAJA, the problem lies with application.

4.4 The consequences are that leaders ignore taking responsibility and they become reluctant to give authority to those looking up to them. The lack of application of accountability has a huge impact on the performance of the governmental institutions of South Africa. It is a consequence of decreasing ethical behaviour of public officials and public representatives who are involved in different kinds of wrongdoings.
There is a high demand that public sector institutions, such as municipalities, should improve their ethics, integrity, transparency, accountability and professionalism in order to protect public resources and devote to the development of the country.

5. The research methodology
The qualitative research method will be applied, which is primarily an exploratory research, in which one will receive an understanding of the underlying reasons, opinions and motivations behind the lack of accountability and transparency in the South African government. The qualitative research method will provide insights into the problem statement and there will be recommendations on how this could be remedied. This study will be conducted through desktop research, where I will critically engage in legislation, cases and multiple articles to enhance my knowledge.

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