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    Lecture 1

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    Keanon Craig Saffier
    This document provides an overview of administrative law. It begins by defining administrative law as the regulation of activities of bodies that exercise public powers or perform public functions. Administrative law falls under public law and constitutional law, and regulates the power of the executive through law. The key points are that administrative law empowers those exercising public authority while also holding them accountable, and that it concerns the day-to-day business of government implementing policy. Promotion of Administration of Justice Act (PAJA) was enacted to give effect to the constitutional right to just administrative action under Section 33. Judicial review occurs when an administrator's decision is challenged in court to have it set aside.

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    Lecture 1

    Uploaded by

    Keanon Craig Saffier
    20 views12 pages
    This document provides an overview of administrative law. It begins by defining administrative law as the regulation of activities of bodies that exercise public powers or perform public functions. Administrative law falls under public law and constitutional law, and regulates the power of the executive through law. The key points are that administrative law empowers those exercising public authority while also holding them accountable, and that it concerns the day-to-day business of government implementing policy. Promotion of Administration of Justice Act (PAJA) was enacted to give effect to the constitutional right to just administrative action under Section 33. Judicial review occurs when an administrator's decision is challenged in court to have it set aside.

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    This document provides an overview of administrative law. It begins by defining administrative law as the regulation of activities of bodies that exercise public powers or perform public functions. Administrative law falls under public law and constitutional law, and regulates the power of the executive through law. The key points are that administrative law empowers those exercising public authority while also holding them accountable, and that it concerns the day-to-day business of government implementing policy. Promotion of Administration of Justice Act (PAJA) was enacted to give effect to the constitutional right to just administrative action under Section 33. Judicial review occurs when an administrator's decision is challenged in court to have it set aside.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    20 views12 pages

    Lecture 1

    Uploaded by

    Keanon Craig Saffier
    This document provides an overview of administrative law. It begins by defining administrative law as the regulation of activities of bodies that exercise public powers or perform public functions. Administrative law falls under public law and constitutional law, and regulates the power of the executive through law. The key points are that administrative law empowers those exercising public authority while also holding them accountable, and that it concerns the day-to-day business of government implementing policy. Promotion of Administration of Justice Act (PAJA) was enacted to give effect to the constitutional right to just administrative action under Section 33. Judicial review occurs when an administrator's decision is challenged in court to have it set aside.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 12

    Administrative Law

    Lecture 1
    Important Information

    • Prescribed Textbook: Quinot, G et al Administrative Justice in


    South Africa (2020 2nd edition) Oxford University Press.
    • Slides, Learning Outcomes and Prescribed extra reading.
    • Tutorial Sessions
    • Lecture Preparation
    Administrative Law?
    (Chapter 1)
    • To explain the nature or essence of administrative law = no easy task. Why? covers
    such a wide field; filters through every part of the legal system and its presence is
    felt in everyday life.

    • Where does it fit:

    Public law

    Constitutional Law

    Regulates the power of the executive through law


    Definition

    • Admin law is that part of constitutional law which


    both empowers those exercising public authority or
    performing public functions through the law, and
    which holds accountable to rules of law all those
    who exercise public power or perform public
    functions (p 3)
    • Overlap between administrative law and constitutional law BUT not the same thing:

    • - Constitutional law = the state at rest Administrative law = state in motion.

    • - Constitutional law concerned with the establishment and structuring of government


    as well as the separation of powers. It creates a framework for original legislation and
    policy giving effect to it to be enacted and interpreted.

    • - Administrative law concerned with the day to day business of the government
    which includes the enactment and implementation of policy in its legislated form.
    Admin Law
    =
    Administrative law is the regulation of activities
    of bodies that exercise public powers or
    perform public functions, irrespective of
    whether those bodies are public authorities in
    the strict sense.
    The Admin Law Puzzle

    Common PAJA
    Law Constitution
    Sec 33 Constitution
    Just Administrative Action

    • 33. (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.

    • (2) Everyone whose rights have been adversely affected by administrative action has the right to be given
    written reasons.

    • (3) National legislation must be enacted to give effect to these rights, and must—

    • (a) provide for the review of administrative action by a court or, where appropriate, an independent and
    impartial tribunal;

    • (b) impose a duty on the state to give effect to the rights in subsections (1) and (2); and

    • (c) promote an efficient administration.


    Promotion of Administration of Justice Act 3
    0f 2000 (PAJA)

    PAJA was enacted to give effect to the right to


    just administrative action under S33 of the
    Constitution. Accordingly, one must rely on
    PAJA in order to give effect to the right to just
    administrative action.
    NB APPEAL v REVIEW NB
    A direct consequence of the constitutional separation of powers is the principle that the judiciary REVIEWS the procedural
    regularity of the exercise of public power and does not hear APPEALS on the merits of the actions (Admin = Review).

    Appeal is appropriate where it is thought that the decision maker came to the wrong decision based on the facts or the law
    i.e. the MERITS and thus the second decision maker can change the decision of the first decision maker.

    The basis for a review however is to evaluate the PROCESS in which the decision maker came to a specific conclusion.
    Here the second decision maker can set aside the decision even if he believes that he would have reached the same
    decision had the correct process been followed.

    Judicial review occurs where a decision is made by an administrator and the person affected by such decision approaches
    the courts to have this decision set aside.
    Review of Public Power

    • There are several foundations under which one can review the exercise of public power, namely:

    - PAJA

    - Sec 33 of the Constitution

    - The principle of Legality (reviewability of the exercise of public power that does not amount to
    administrative action)

    - Special statutory review

    - The Common Law


    NB Order of Review NB

    • The order in which review takes place is as follows:


    • 1) PAJA and or special statutory review
    • 2) S33 of the constitution
    • 3) Legality and common law.
    This is due to the principles of subsidiarity, avoidance
    and that the general yields to the specific as well as the
    notion that you start with direct and move to indirect.

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