ADL2601 - Administrative Law Latest summary notes. UNIT 1 – DESCRIBING ADMIN LAW
4 Key issues / pillars in Admin Law
Authority = * Governs relationships between legal subjects
* Relationships are not on equal footing (inequality – vertical
relationship) * Always a superior / senior official...
Authority = * Governs relationships between legal subjects
* Relationships are not on equal footing (inequality – vertical
relationship) * Always a superior / senior official involved
Admin action= * Facilitates & regulates human behaviour / interaction
* Conduct of anyone exercising public / authoritative power
Just Admin action * The right of every person
* All admin action by persons exercising public power must
be
“LAWFUL, REASONABLE & PROCEDURALY FAIR”
Control of admin action = The way / manner in which authority / power has been
exercised
3 Requirements for any admin action:-
1. Be lawful – must comply with all req of law (as found in sources of law)
2. Be reasonable – Must have a reasonable effect / result
- Discretion exercised & decision taken by person in
authority must be correct (based on objective facts &
circumstances)
3. Be procedurally fair – Correct procedure must be used to take decision
- Subordinate party must be given chance to
defend position before decision is taken
When decision results in someone’s rights being adversely affected – written reasons for
decision should be given
* Law provides protection against any possible harm which results from exercise of
powers (against abuse of power)
* To correct an action – to rather use method of internal / admin control (senior
officials review action) then going to court
Admin Law is the sum total of legal rules that grant people / bodies in authority power to: * take
action
* Prescribe procedures to be followed where taking such action
* Ensure such action is within the boundaries of the law
Also provides for control over such action
(Activity on page 7)
UNIT 2 – SOURCES OF ADMIN LAW
Sources of Admin Law:-
1. Binding (Authoritative) sources:
1. The Constitution - Most important statutory - & most authoritative source
- Sets standard for which admin conduct & actions of
every admin functionary / institution in SA
- Guarantees justice for all by demanding all req for
admin action must be met. (Guarantees Just Admin
Action)
(Activity page 12)
, lOMoARcPSD|8436517
2
2. Legislation
* Original = Passes b Parl in Nat sphere
= 2 examples of Acts of Parl that compliment prov of Const
& crucial to Admin Law:- # Promotion of Justice Act 3 of 2000
(PAJA)
# Promotion of Access to Info CT 2 OF
2000
= Passes by 9 provincial legislatures in Prov Sphere
= Also passed by elected local govs (Munic councils) in Local
spheres * Subordinate = Passes ito original legis (but must not conflict
with prov of
enabling Act / statute)
= In Nat sphere of gov – this legis passed
by institutions empowered to make these rules
= Examples:- # Proclamations of
President (issued ito empowering
statute to declare date of
commencement of particular
statute
# Regulations made by ministers ito
enabling Statute
= Found in Prov & Local
sphere too (Activity page
15)
3. Case Law (judicial - Task of courts to determine meaning of particular
precedent) legal rule
& apply rule to concrete situations
- Guidelines prescribed by Const
- Judgments of previous cases binding on other
courts (Activity page 16)
4. Common law - Unwritten law of SA
- Common law not important part of Admin law (But English &
Roman-Dutch law played role in development of Admin law)
- 2 Examples of English law:- # principle of ultra vires
# Development of rules of
natural justice
5. Admin practice (custom of usage)
6. International Law
2. Persuasive
1. Writing in books & journals explaining academic opinions –
- Courts often refer to academic opinions expressed in law journals &
books
2.
Policy docs (Such as Green & White papers) –
- Current gov policies on various topics expressed in so-called
White - & Green Papers
- Green Papers = Consultative doc
= People invited to comment on various matters to be
regulated by gov in through papers
- White Papers = Is blueprint of gov policy on various matters
3. Reports by “state institutions supporting Const Democracy. Ie. Reports of
Human Rights Comm – Institutions (as Public Prosecutor & Attorney-General) report on
admin conduct
, lOMoARcPSD|8436517
3
4. Foreign Law (Comparative law) - Sec 39(1)(c) states court may consult F law
Where to find Admin Law sources
Read in book – page 20
Activity & scenario page 21
Activity page 23
UNIT 3 – ADMIN LAW RELATIONSHIP
Activity page 24 & 25
1. Characteristics of Admin Law relationship
1. At least 1 legal subject must be person / body who exercises power
2. Position of power must be held by person clothed with government
authority & who is able to exercise power
* Admin law relationships can exist between:-
Person who exercises authority & private individual in subordinate position
Person who exercises authority & lower-ranking official in same
department (inter se) (Activity page 27)
2. Distinction between general & individual admin law relationship
2.1 General (objective) relationship:-
* Legal rules governing relationship between parties apply to all subjects within group
* These rules apply impersonally & non-specifically (NOT to particular legal sunject)
* Created, changed / ended by legis only.
2.2 Individual (subjective) relationship
* Rules apply personally & specifically between parties
* Contents will vary from case to case
* Created by individual admin decisions
* Not affected by new general legis provisions, unless Amending Act specifically that it
affects relationship (Activity on page 28 & 29)
UNIT 4 – LEGAL SUBJECTS OF ADMIN LAW RELATIONSHIPS
Activity page 30
Activity page 31
1. Identification of the authoritative party to / in admin law relationship
* Const describes auth party as “organ of state”
Sec 239 declares:- NB! NB! NB! NB! NB! NB! NB! NB! NB! NB! NB! NB! NB! NB!
NB! NB! NB! “organ of state” means –
(a) Any department of state / admin in Nat , Prov / Local sphere of gov; or
(b) Any other functionary / institution
(i) exercising power / performing function ito Const / Prov
Const
(ii) exercising public power / performing public function
ito any legis But doesn’t include a court / judicial officer
Activity page 33
Downloaded by Rufaro Chikovore (chikosrufa@gmail.com)
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller EXCELLENTNURSE. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R60,95. You're not tied to anything after your purchase.