The Right to Reasons for Administrative Action in Zimbabwe

Authors

DOI:

https://doi.org/10.25159/2522-6800/9701

Keywords:

Right to reasons, adverse administrative action, administrative authority, Administrative Justice Act, Constitution, judicial review, accountability, transparency, Zimbabwe

Abstract

The so-called ‘third wave’ of democratisation in Africa has witnessed a transition from a culture of impunity in the exercise of public power to more emphasis on a culture based on legality and the protection of fundamental rights of citizens. Important strides have been made in enhancing accountability by those who wield public power through judicial review mechanisms. The right to reasons for any administrative action that has an impact on citizens becomes even more paramount in light of these shifts in democratic ethos. This article focuses on the right to reasons for adverse administrative action in Zimbabwe against the backdrop of the 2013 Constitution, which ushered in the dawn of a new era in so far as the scope of the right to just administrative action is concerned. A critical examination of the nature and scope of the right to reasons is undertaken. Insightful recommendations are then proffered to further enhance the practical meaning of the right in the context of the constitutionally entrenched right to just administrative action in Zimbabwe.

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References

Antoine RMB, ‘A New Look at Reasons: One Step Forward – Two Steps Back’ (1992) 44 Administrative Law Review.

Asimow M, ‘Administrative Law under South Africa’s Final Constitution: The Need for an Administrative Justice Act’ (1996) South African Law Journal <https://doi.org/10.2307/840495> DOI: https://doi.org/10.2307/840495

Baxter L, Administrative Law (Juta 1984).

Beukes M and Southwood I, ‘The Requirement of Furnishing Adequate Reasons: An Empty Promise?’ (2007) 22 South African Public Law.

Brynard DJ, ‘Reasons for Administrative Action: What Are the Implications for Public Officials?’ (2009) 44 Journal of Public Administration.

Chaskalson M and Woolman S (eds), Constitutional Law of South Africa (Juta 1999).

Corder H and Mavedzenge J (eds), Pursuing Good Governance: Administrative Justice in Common-Law Africa (Siber Ink 2019).

Craig P, Administrative Law (Sweet and Maxwell 2008).

Currie I and De Waal J, The Bill of Rights Handbook (Juta 2014).

Currie I and Klaaren J, The Promotion of Administrative Justice Act Benchbook (Siber Ink 2001).

Currie I, The Promotion of Administrative Justice Act: A Commentary (Siber Ink 2007).

De Ville JR, Judicial Review of Administrative Action in South Africa (LexisNexis 2005).

Devenish GE, Govender K and Hulme DH, Administrative Law and Justice in South Africa (Butterworths 2001).

Elliot M, ‘Has the Common Law Duty to Give Reasons Come of Age Yet? (2011) Public Law <https://doi.org/10.2139/ssrn.2041362> DOI: https://doi.org/10.2139/ssrn.2041362

Endicott T, Administrative Law (OUP 2009).

Feltoe G, ‘Aligning the Administrative Justice Act with the Constitution’ (2017) Zimbabwe Electronic Law Journal <https://zimlil.org/content/aligning-administrative-justice-act- constitution> accessed 18 January 2021.

Feltoe G, ‘Giving With One Hand and Taking Back With the Other: The Exemptions and Exclusions in the Administrative Justice Act’ (2004) 11 Zimbabwe Human Rights Bulletin.

Feltoe G, A Guide to Administrative and Local Government Law in Zimbabwe (Legal Resources Foundation 2017).

Hepburn J, ‘The Duty to Give Reasons for Administrative Decisions in International Law’ (2012) 61(3) The International and Corporative Law Quarterly <https://doi.org/10.1017/S0020589312000309> DOI: https://doi.org/10.1017/S0020589312000309

Hoexter C, Administrative Law in South Africa (Juta 2012).

Hoexter C, ‘The Future of Judicial Review in South African Administrative Law’ (2000) South African Law Journal.

Kaseke P, ‘Towards Good Governance: Interpreting the Right to Administrative Justice in the Zimbabwean Constitution’ (Unpublished PhD Thesis, University of the Witwatersrand 2019).

Kushner HL, ‘The Right to Reasons in Administrative Law’ (1986) 24 Alberta Law Review.

Mawedzenge J and Coltart D, A Constitutional Law Guide: Towards Understanding Zimbabwe’s Fundamental Socio-Economic and Cultural Rights (Zimbabwe Human Rights Association 2014).

Nickel J, ‘Rethinking Indivisbilty: Theory of Supporting Relations Between Human Rights’ (2008) Human Rights Quarterly <https://doi.org/10.2139/ssrn.1305214> DOI: https://doi.org/10.2139/ssrn.1305214

Ogeka Z, ‘Constitutionalisation of Administartive Action in Kenya and its Implications’ (2016) accessed 27 April 2021.

Quinot G, Administrative Justice in South Africa: An Introduction (Oxford University Press 2016).

Schauer F, ‘Giving Reasons’ (1985) 39 Stanford Law Review.

Taggart M, ‘Review: Administrative Law’ (2000) New Zealand Law Review.

Woolman S and Bishop M (eds), Constitutional Law of South Africa (Juta 2008).

Published

2022-02-28

How to Cite

Kasuso, Tapiwa Givemore, and Gift Manyatera. 2021. “The Right to Reasons for Administrative Action in Zimbabwe”. Southern African Public Law 36 (2):23 pages. https://doi.org/10.25159/2522-6800/9701.

Issue

Section

Article
Received 2021-07-01
Accepted 2021-08-23
Published 2022-02-28