Administrative Law (ADL2601) - South African Public Law

Comprehensive flashcards covering the basic principles of South African Administrative Law, including terminology, PAJA definitions, the requirements for valid administrative action, and judicial control mechanisms.

How does section 239 of the Constitution define an 'organ of state'?

It includes any department of state or administration in the national, provincial, or local sphere; or any other functionary or institution exercising power/functions in terms of the Constitution, a provincial constitution, or public power/functions in terms of legislation (excluding courts and judicial officers).

What is the working definition of 'administrative action' according to section 1 of PAJA?

Any decision taken (or failure to take a decision) by an organ of state or a natural/juristic person exercising public power/functions in terms of an empowering provision, which adversely affects rights and has a direct external legal effect.

What are the four pillars of 'just administrative action' as established by Section 33 of the Constitution?

Administrative action must be (1) lawful, (2) reasonable, (3) procedurally fair, and (4) accompanied by written reasons if rights are adversely affected.

What is the difference between a general and an individual administrative-law relationship?

General relationships apply impersonally and objectively to a group (created by legislation), while individual relationships apply personally and specifically to identifiable legal subjects (created by individual decisions).

What does the Latin maxim 'delegatus delegare non potest' signify in administrative law?

It means 'the person to whom a power is granted may not delegate it to another.' Power granted for individual judgment or discretion usually cannot be delegated unless authorized by statute.

Distinguish between deconcentration and decentralization of power.

Deconcentration occurs within the same hierarchy/department where the delegator retains control; decentralization involves transferring power to an independent body (like a board) that acts in its own name.

What are the three common-law forms of 'abuse of power' regarding the administrator's discretion?

(1) Acting for an unauthorized or ulterior purpose, (2) using an unauthorized procedure (short-cuts), and (3) acting 'in fraudem legis' (with ulterior motives to defeat the law).

Which landmark Constitutional Court case established the standard for 'reasonableness' in administrative action?

Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs (2004), which held that a decision is reviewable if it is one that a reasonable decision-maker could not reach.

What is the 'audi alteram partem' rule?

The principle of 'hearing the other side.' It requires that an individual be given an opportunity to be heard, be informed of adverse considerations, and be given reasons for decisions.

What is 'legitimate expectation' and which case gave it full recognition in South Africa?

It applies when a person has no vested right but a reasonable expectation of a benefit based on an express promise or regular practice; recognized in Administrator, Transvaal v Traub (1989).

What is the difference between an 'appeal' and a 'review'?

An appeal examines the merits (right/wrong decision) and is restricted to the record; a review examines the legality/process (how the decision was reached) and can go beyond the record.

What is the general rule regarding internal remedies before approaching a court?

Under section 7(2) of PAJA, all internal remedies provided for in law must be exhausted first, unless the court finds exceptional circumstances in the interest of justice.

What does 'locus standi' mean and who has it under section 38 of the Constitution?

The legal standing to bring a matter to court. It includes anyone acting in their own interest, on behalf of others, as a member of a group, in the public interest, or an association for its members.

Define the judicial remedy 'mandamus'.

A court order aimed at compelling an administrator to perform a statutory duty (to act), but it does not prescribe specifically how the discretion should be exercised.

What is the effect of an administrator being 'functus officio'?

It means the administrator has completed their task/function and cannot revoke, withdraw, or revisit the decision (subject to certain exceptions for invalid or onerous acts).