Public Administration Under the Rule of Law Integration Training

Objectives:
• Define public administration and its role in governance.
• Explain the concept of the rule of law and its principles.
• Understand the relationship between public administration and the rule of law.
• Identify key legislation governing public administration in South Africa.

Topics:
• Overview of public administration: scope and functions.
• The rule of law: definition, principles (supremacy of law, accountability, legal certainty).
• Constitutional framework in South Africa (Chapter 10 of the Constitution).
• Key legislation: Public Service Act, Promotion of Administrative Justice Act (PAJA).
• Ethical foundations and Batho Pele principles.

Objectives:
• Analyse the constitutional provisions for public administration.
• Interpret the Bill of Rights in the context of administrative action.
• Distinguish between the three branches of government and their roles.
• Examine the principle of legality and its application.

Topics:
• The Constitution of the Republic of South Africa, 1996: sections relevant to public administration.
• Separation of powers: executive, legislature, judiciary.
• The Bill of Rights: rights affecting administrative action (access to information, just administrative action).
• Principle of legality: requirements for valid administrative action.
• Case law examples: President of RSA v SARFU, etc.

Objectives:
• Understand the purpose and scope of PAJA.
• Identify what constitutes administrative action.
• Explain the requirements for lawful, reasonable, and procedurally fair administrative action.
• Apply the grounds for judicial review under PAJA.

Topics:
• Definitions: administrative action, decision, organ of state.
• Section 33 of the Constitution and PAJA.
• Requirements for lawful administrative action: authority, jurisdiction.
• Procedural fairness: notice, hearing, reasons.
• Reasonableness and rationality.
• Grounds for review: ultra vires, error of law, bias, etc.
• Remedies under PAJA.

Objectives:
• Explain the right to access information held by the state.
• Understand the Promotion of Access to Information Act (PAIA).
• Identify exemptions and procedures for requesting information.
• Discuss the role of transparency in promoting accountability.

Topics:
• Constitutional right to access information (section 32).
• Overview of PAIA: purpose, key provisions.
• Categories of information: automatically available, available on request, exempt.
• Grounds for refusal: protection of privacy, commercial information, etc.
• Internal appeals and court applications.
• Open governance: principles and best practices.

Objectives:
• Define ethics and integrity in the public service context.
• Identify ethical dilemmas faced by public administrators.
• Understand the Code of Conduct for the Public Service.
• Explore mechanisms for promoting ethical behaviour and combating corruption.

Topics:
• Ethics vs. morality vs. legality.
• Public Service Code of Conduct: principles and enforcement.
• Conflict of interest: identification and management.
• Financial misconduct and disciplinary procedures.
• Role of the Public Protector and anti-corruption agencies.
• Whistleblowing: Protected Disclosures Act.

Objectives:
• Understand the concept of delegation of powers.
• Distinguish between delegable and non-delegable powers.
• Explain the limits of administrative discretion.
• Apply controls on discretion to prevent abuse.

Topics:
• Delegation: legal basis, requirements, and limitations.
• Sub-delegation: principles and restrictions.
• Administrative discretion: nature and scope.
• Fettering of discretion: rules against rigid policies.
• Controls on discretion: judicial review, internal mechanisms.
• Case law: Minister of Environmental Affairs v Rigg, etc.

Objectives:
• Understand the legal duty to facilitate public participation.
• Identify methods for effective stakeholder engagement.
• Apply the principles of cooperative governance.
• Evaluate the impact of public participation on decision-making.

Topics:
• Constitutional provisions for public participation (section 195).
• Legislative requirements: Municipal Systems Act, PAJA.
• Methods: public meetings, written submissions, advisory committees.
• Stakeholder mapping and analysis.
• Cooperative governance: intergovernmental relations.
• Challenges: tokenism, capacity constraints.

Objectives:
• Understand the legal framework for public procurement.
• Apply the principles of fairness, equity, transparency, and cost-effectiveness.
• Identify procurement irregularities and their consequences.
• Discuss the role of the Public Finance Management Act (PFMA).

Topics:
• Constitutional principles for procurement (section 217).
• PFMA and Municipal Finance Management Act (MFMA) provisions.
• Preferential Procurement Policy Framework Act (PPPFA).
• Supply chain management cycle: demand, acquisition, logistics, disposal.
• Bid committees: specification, evaluation, adjudication.
• Irregular, fruitless, and wasteful expenditure.
• Case studies on procurement failures.

Objectives:
• Understand the legal framework governing employment in the public service.
• Apply principles of fairness in recruitment, promotion, and discipline.
• Explain the role of the Public Service Commission (PSC).
• Discuss the impact of labour legislation on administrative decisions.

Topics:
• Public Service Act and Regulations: employment conditions.
• Labour Relations Act: unfair dismissal, unfair labour practices.
• Employment Equity Act: affirmative action and discrimination.
• Recruitment and selection: merit principle.
• Performance management and discipline.
• Role of the PSC: oversight, investigations.

Objectives:
• Understand the principles of sound financial management in the public sector.
• Apply the PFMA and MFMA requirements for budgeting, expenditure, and reporting.
• Identify roles and responsibilities of accounting officers.
• Discuss audit processes and consequences of non-compliance.

Topics:
• Overview of PFMA and MFMA: key provisions.
• Budgeting process: preparation, approval, implementation.
• Expenditure management: virement, unauthorised expenditure.
• Supply chain management integration.
• Reporting and accountability: annual reports, audit committees.
• Role of the Auditor-General: audits, findings, remedial action.
• Consequences of non-compliance: financial misconduct.

Objectives:
• Understand the importance of monitoring and evaluation in public administration.
• Identify oversight mechanisms: internal and external.
• Apply performance management frameworks.
• Discuss the role of parliamentary committees and Chapter 9 institutions.

Topics:
• Monitoring and evaluation: definitions, purposes, frameworks.
• Government-wide monitoring and evaluation system.
• Internal oversight: internal audit, risk management.
• External oversight: Parliament, provincial legislatures, municipal councils.
• Chapter 9 institutions: Public Protector, SAHRC, etc.
• Performance information management: indicators, reporting.

Objectives:
• Analyse real-world cases where rule of law principles were applied or violated.
• Evaluate administrative decisions against legal requirements.
• Develop recommendations for improving compliance.
• Synthesise knowledge from previous days.

Topics:
• Case studies: State Capture Commission findings, Nkandla, etc.
• Analysis of administrative decisions: were they lawful, reasonable, procedurally fair?
• Judicial review outcomes and lessons learned.
• Group discussions: identifying best practices.
• Developing action plans for compliance improvement.

Objectives:
• Synthesise all course content into a coherent framework.
• Develop a personal action plan for integrating rule of law principles.
• Apply knowledge to hypothetical scenarios.
• Demonstrate understanding through a final assessment.

Topics:
• Recap of key themes: legality, accountability, transparency, participation.
• Scenario-based exercises: drafting a decision, responding to a PAJA request.
• Developing an ethics checklist.
• Final assessment: written test or case study analysis.
• Course evaluation and feedback.