that point find themselves stateless, necessitating protection as a stateless person. See section 5.2.2 below for more information on refugee status as a legal solution for a stateless person who also qualifies as a refugee. 3.2.6 The Children’s Act 38 of 2005 Amongst other things, the Children's Act 38 of 2005 (the Children's Act) provides access to the Children's Courts and treatment as a child in need of care and protection. This group forms a category of serious concern to persons working towards the prevention of statelessness. This Act has been amended by Children’s Amendment Act 41 of 2007 and the Child Justice Act 75 of 2008. Please see section 6.1 below for in depth analysis of how the Children's Act can help legal practitioners working with children at risk of statelessness. 3.2.7 Promotion of Administrative Justice Act 3 of 2000 The Promotion of Administrative Justice Act (PAJA) is a powerful tool that gives effect to the right to just administrative action, found in section 33 of the Constitution. Where an administrative action ‘materially and adversely affects the rights or legitimate expectations of any person’, such action must be procedurally fair. The heart of PAJA lies in section 3(2) which outlines what an administrator must do to give effect to a person’s right to procedurally fair administrative action. Prior to making the action, he or she must provide the person with: • • • • • Adequate notice of the nature and purpose of the action, A reasonable opportunity to make representations, A clear statement of the administrative action, Adequate notice of the right to review or internal appeal and Notice of the right to request reasons for the action. For complex cases, legal representation, in-person interviews and the chance to present and dispute arguments and information may be necessary in order to protect a person’s rights. PAJA is a critical legal protection for people wishing to challenge administrative decisions relating to: nationality; enabling documents such as birth certificates, IDs and passports; and forms of protection available to stateless persons through the Refugees Act and the Immigration Act (primarily through section 31(2)(b) exemptions). It allows individuals to request written reasons for administrative decisions; where reasons are not provided within 90 days of a request, it is presumed in any judicial review proceeding that the decision was taken without good reason. 38 Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide