The Requirements for the Proper Exercise of General Administrative Powers

These flashcards cover key terms and concepts related to the exercise of general administrative powers and functions as discussed in the lecture.

PAJA

The Promotion of Administrative Justice Act, which prescribes the requirements for just administrative action in South Africa.

Constitutional obligations

Duties that the administrators must uphold in the exercise of their powers, as mandated by the Constitution.

Judicial review

The process by which courts examine the actions of administrative agencies to ensure legality and conformity with the Constitution.

Administrative legality

The requirement that administrative actions must adhere to the law, including procedural fairness and reasonableness.

Discretionary power

A power that allows an administrator to make choices within the bounds set by law.

Delegation of powers

The transfer of authority from one body to another, allowing for the performance of administrative functions by a different entity.

Public functions

Activities performed by state organs or officials in the public interest, often in accordance with empowering provisions.

Peremptory provisions

Mandatory requirements in legislation that must be followed without deviation.

Directory provisions

Guidelines in legislation that allow for some level of flexibility in compliance.

State Liability Act

An Act that provides for compensation by the state when damages arise from unlawful administrative actions.

Empowering provisions

Specific authorizations found within statutes that grant powers to public administrators to perform certain functions.

Judicial control

The oversight provided by the courts over administrative actions to ensure compliance with the law.

Administrative duties

Responsibilities imposed on administrators to comply with laws and regulations in their decision-making processes.

Constitutional rights

Fundamental rights guaranteed to individuals which state institutions must respect, protect, and fulfill.

Tacit powers

Implied powers that are necessary to carry out the explicit powers granted in empowering provisions.