Port Alfred Ratepayers and Residents Association
Date: 31 July 2025
To: The Municipal Manager
Ndlambe Municipality
Dear Adv. Dumezweni
Subject: Objection to Administrative Action Due to Procedural Unfairness and Non-Compliance with Section 3 of the Promotion of Administrative Justice Act (PAJA)
We refer to the recent action taken by Ndlambe Municipality regarding the proposed name change of various towns and the Kowie River.
We hereby lodge a formal objection and request for review or reversal of the action, on the grounds that the administrative process followed was in violation of Section 3 of the Promotion of Administrative Justice Act (Act 3 of 2000).
1. Failure to Provide Adequate Notice
Affected residents, including ourselves, were not properly or timeously informed of the proposed action or the meeting(s) held in connection with it. The notice dated 24 July 2025, was not sufficiently publicised through reasonable and accessible channels (such as local newspapers, public signage, direct communication, or ward councillor announcements), as is required by law, nor is the time frame adequate. A minimum of 21 days notice is required
2. Lack of Opportunity to Make Representations
We were not given a reasonable opportunity to comment or raise objections, nor were we made aware of how or where such representations could be submitted. This violates Section 3(2)(b) of PAJA, which requires that affected persons be:
- informed of the nature and purpose of the proposed action;
- given a reasonable opportunity to be heard.
3. Absence of Procedural Fairness
The process lacked transparency, fairness, and inclusivity, as required by the Act. The failure to follow a procedurally fair process has prejudiced affected residents and undermined public trust in the municipality’s decision-making.
Request for Remedial Action
In terms of Section 3(4) and Section 6(2) of PAJA, we request that the municipality:
- Immediately suspend implementation of the administrative action;
- Provide full written reasons for the decision and the process followed;
Convene a fresh consultation process, with:
- Proper notice to all affected parties;
- Adequate time for public participation;
- Full transparency in documentation and proceedings.
Failure to address this matter may result in a formal application for judicial review in terms of PAJA, as well as potential legal costs against the municipality for acting outside its lawful administrative powers.
We look forward to your urgent response within 14 days of receipt of this letter.
Yours faithfully,
Ren Mouton
Chairperson
PARRA
Ren Mouton
Chair: PARRA Executive Committee