oa De Rebus - Fighting city hall in the 21st century



Many would think that the lengthy negotiations surrounding the interim and final Constitutions produced the final legislative word on fundamental rights and judicial review. They would, however, be wrong. Sections 32 and 33, dealing with the rights to information and just administrative action respectively, require further legislation to give effect to them. In the case of s 32 this has given rise to the Open Democracy Bill (B67/98). In the case of s 33, on 5 February 1999 the South African Law Commission released Discussion Paper 81 relating to Project 115 - 'Administrative Law'. This discussion paper contains the investigation into the drafting of legislation to give effect to s 33 'of the Constitution.


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