100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
Previously searched by you
Are the findings and recommendations of the Commission of Inquiry into State Capture reviewable under the Promotion of Administrative Justice Act?$8.82
Add to cart
Are the findings and recommendations of the Commission of Inquiry into State Capture reviewable under the Promotion of Administrative Justice Act?
1 view 1 purchase
Course
Administrative law (ADL41B0)
Institution
University Of Johannesburg (UJ)
What are the elements of PAJA and is a decision taken by a commisioner reviewable under PAJA or does it amount to administrative decision under PAJA and what are other options when it comes to reviewing a decision of a commissioner.
Are the findings and recommendations
of the Commission of Inquiry into State
Capture reviewable under the Promotion
of Administrative Justice Act?
Administrative Law Research Assignment
8/23/22 ADMIN LAW
, INTRODUCTION
The purpose of the Judicial Commission of Inquiry into Allegations of State Capture,
Corruption and Fraud is to investigate into allegations of corruption, fraud and state capture
in the public sector and by state organs then inquire, make findings and provide
recommendations to the President of the Republic or the National Prosecuting Authority
(NPA) on what route it could take based on the facts. The following essay will discuss
whether the findings and recommendations of the Commission falls under the definition of
the Promotion of Administrative Justice Act1 meaning they could be reviewable under the
Act and what other route an aggrieved person could take when looking to challenge the
findings and recommendations of the Commission.
BODY
ELEMENTS OF PAJA
1. Decision of an administrative nature
This also includes a failure to take a decision by an organ of state when exercising a power in
terms of the Constitution or exercising a public power or performing a public function.
The court in Bhugwan2 quoted from Baxter, Administrative Law, to the effect that the
criterion as to whether or not a sufficiently “ripe” action has been taken to constitute a
reviewable decision is: “whether prejudice has already resulted or is inevitable, irrespective
of whether the action is complete or not”3.
In order to determine whether a decision constitutes administrative action, the court would
have to determine whether the decision was administrative in nature.
Sidumo v Rustenberg Platinum Mines4, two questions had to be answered in the affirmative
for the decision to be considered administrative action:
1) Are there significant differences between the decision and the proceedings before a court,
despite the similarities?
2) Does the separation of powers (and the safeguards it requires) make it constitutionally
appropriate to apply section 33 to the conduct?
In this scenario, there are differences between decisions of the judiciary and the findings of
the Commission, the most important one being that they are not binding.
It was argued that it is constitutionally appropriate to apply section 33 to the conduct of the
Commission, having regard to separation of powers5.
2. By an organ of state OR natural or juristic person
1
3 of 2000
2
Bhugwan v JSE Ltd 2010 3 SA 335 (GSJ) at para 11
3
Williams “The Concept of a "Decision" as the Threshold Requirement for Judicial Review in terms of the
Promotion of Administrative Justice Act” 2011
4
2008 2 SA 24 (CC)
5
Acton “The Legal and Political Implications of a Judicial Review of the Zondo Commission’s Findings” 2022
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller sinenhlanhlasithole259. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $8.82. You're not tied to anything after your purchase.
