{"id":5967,"date":"2022-10-26T08:31:59","date_gmt":"2022-10-26T06:31:59","guid":{"rendered":"https:\/\/dotnewsconnect.co.za\/law\/?p=5967"},"modified":"2022-10-26T08:32:16","modified_gmt":"2022-10-26T06:32:16","slug":"if-the-municipality-rejects-your-building-plans-consider-paja","status":"publish","type":"post","link":"https:\/\/dotnewsconnect.co.za\/law\/2022\/if-the-municipality-rejects-your-building-plans-consider-paja\/","title":{"rendered":"If the Municipality Rejects Your Building Plans, Consider PAJA"},"content":{"rendered":"\n

\u201cThe Constitution guarantees that administrative action will be reasonable, lawful and procedurally fair. It also makes sure that you have the right to request reasons for administrative action that negatively affects you.\u201d (Department of Justice and Constitutional Development)<\/p><\/blockquote>\n\n\n\n

Bureaucratic decisions can and do have far-reaching consequences for us, both financially and in our personal lives. It\u2019s good to know therefore that whenever your rights are affected by any such decision, you have access to the protections set out in PAJA (the Promotion of Administrative Justice Act).<\/p>\n\n\n\n

In a nutshell, PAJA provides that \u201cadministrative decisions\u201d by government departments, parastatals and the like must be fair, lawful and reasonable. Decision makers must follow fair procedures, allow you to have your say before deciding, and give you written reasons for their decisions when asked.<\/p>\n\n\n\n

If a decision goes against you, your first step should be to use any internal appeal procedures. Ultimately you can go to court, although often a lawyer\u2019s letter or two will solve the problem without the need for litigation.<\/p>\n\n\n\n

A recent High Court decision illustrates one way in which PAJA can help you if all else fails \u2013<\/p>\n\n\n\n

A service station\u2019s building plans rejected<\/h6>\n\n\n\n