REPORT ON "BREAKWATER" CONFERENCE

Faculty of Law, University of Cape Town 26 – 28 January 2024

Introduction

The "Breakwater Declaration", adopted during February 1993 at a conference of administrative lawyers in Cape Town, made an important contribution to the development of administrative law in post-apartheid South Africa. The conference which took place under the theme "Administrative Law for a future South Africa" agreed on key principles for administrative law reform in South Africa. Among these were effective parliamentary control and supervision of delegated power; a genuinely consultative and participatory rule-making and decision-making process; the duty to give reasons; open government, access to official information and limiting the scope of official secrets legislation; maximum access to administrative justice; training of public servants and the provision of accessible, appropriate and adequate remedies for maladministration, including both judicial review and alternative dispute resolution procedures. These principles served as important signposts for the reform of administrative law which took place during the democratic era.

During January 2024, just over three decades after the adoption of the Breakwater Declaration, a second gathering took place in Cape Town under the theme "Breakwater Revisited". The purpose of the gathering was to reflect on the growth and development of administrative law over the preceding three decades, with specific reference to the areas that were identified in the Declaration as requiring further consideration, as well as new themes which have since emerged.

This report (download here) summarises the key topics which emerged from the "Breakwater Revisited" gathering.