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CHAPTER 5

THE CONSULTATIVE PROCESS FOLLOWED IN THE INVESTIGATION

5.1 Discussion Paper 81 was distributed to approximately 400 local individuals and bodies and 240 foreign individuals and bodies at the end of January 1999. The availability of the discussion paper was announced in a media statement issued on 4 February 1999, on the Commission’s Internet Web site and in the Government Gazette. Written comments were received from 56 respondents (see Annexure D). The draft Bill was revised by the Project Committee in the light of these comments. The revised Bill formed the basis for discussions at four regional workshops hosted by the project committee. Approximately 556 invitations were issued (see Annexure C) and approximately 356 persons attended the workshops (see Annexure E). Advertisements were also placed in the Sunday Times on 7 February 1999 and the EP Herald on 12 February 1999 announcing the regional workshops and inviting participation and responses to the discussion paper. Notices providing information on the workshops and inviting parties to attend them were also placed on the Commission’s Web site. The regional workshops took place as follows:

• in Pretoria on 8 June 1999;
• in Durban on 9 June 1999;
• in East London on 10 June 1999;
• in Cape Town on 11 June 1999.

5.2 The following issues were identified in particular for discussion at the workshops, although participants were also invited to raise any other issue they wished to discuss:

• Clause 1A: the definition of administrative action - the scope of administrative action and the exclusions provided for in the draft Bill.
• The definition of “rules” and “standards” (clauses 1(m) and 1(o) ) and the distinction between them.
• Clause 4: the list of grounds of review - should the list be open or closed and should it be positive or negative?
• Clause 5: the mechanism for obtaining reasons, e.g. remedies if no reasons or inadequate reasons advanced and procedure to be followed.
• Chapter 3: particularly clauses 11 and 13.
• Clause 15(1): public enquiries.

5.3 Valuable suggestions were made at the workshops.^[1] The project committee took these proposals into account when further reconsidering and revising the Bill on Administrative Justice, in a fourth draft produced on 21 June 1999.

5.4 The project committee was also privileged to have been invited to attend a workshop at Leeds Castle in the United Kingdom from 5 to 7 July 1999. This event was initiated and organised by Professor Jeffrey Jowell QC, Dean of the Faculty of Laws and Vice Provost of University College London, and financial assistance was provided by the Nuffield Foundation, the British Council, the Rowntree Trust, the Lord Chancellor’s Department and the GTZ. The international experts listed in Annexure F attended the workshop (as well as the members of the project committee and Mr Gilbert Marcus SC from within South Africa and Mr Rainer Pfaff of GTZ).

5.5 The UK workshop resulted in a further meeting of the project committee, and revisions made to the Bill as are reflected in the annotations to the Bill (see Annexure A).

[1] A summary of these discussions is available at the Commission on request.