Summary
Summary Chapter 5
- Institution
- University Of The Western Cape (UWC)
Administrative law notes
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Chapter 5: LawfulnessIntroduction
- Important feature of administrative law is that it deals with actions taken ito some form of
authorization
- Administrative action defined by reference to existence of an empowering provision (source ito
which action was taken)
Lawfulness
- Reflects important element of the rule of law
- Stands at the core of the general constitutional-law principle of legality
- Applies to all public actions
Fedsure case
- It is a fundamental principle of the rule of law that the exercise of public power is only legitimate
where lawful
- Rule of law must be in accordance with principle of legality
S33 of Constitution
o Everyone has right to administrative action that is lawful…
Lawfulness means
- Administrative action and the authorization for such action must be aligned
- Decision must be capable of adjudication and objective/certain
- This means administrative action must fall within scope of empowering provision
o Administrator can do no more than that which he has been authorized to
o To extent that administrative action does not overlap with empowering provision it is
unlawful
o Must overlap with empowering provision
Analyses of lawfulness in administrative law
- Involves comparing of administrative action and authorization (empowering provision) for such
action
- Goal of analyses
o Determine whether the action and empowering provision overlap
o Provides administrators with tools to identify specifically what they are entitled to
PAJA
- Does not provide clear statement of lawfulness
- Only deals with lawfulness as matter of grounds of review
- Thus PAJA tells one when an administrative action can be taken upon review to court based on
the non-overlap between action and authorization
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