Summary
Summary Chapter 6
- Institution
- University Of The Western Cape (UWC)
Administrative law notes
[Show more]
3 reviews
By: gkmudehwe • 5 year ago
By: Dan0211 • 6 year ago
By: tramk101 • 7 year ago
Content preview
Chapter 6: Procedural fairnessQ: Are there procedural factors that render decision-making fair/unfair?
Common law (before 1994)
- Decisions considered to be fair if it complied with
o Rules of natural justice
o These rules expressed in ‘Audi alterem partem (hear other side)’ and ‘nemo judex in sua
causa esse debet (no one should be a judge in their own cause/interest)
These requirements of fairness as demanded by natural justice
- Remain in place in post-apartheid
- Protected by right to just administrative action in s33 of Constitution and PAJA
- However it has been supplemented
- Further requirements are now more generously applied than under common law
Under common law
- These rules of procedural fairness applied in restrictive manner with reliance on ‘classification of
functions’
- Rule against bias only applied in judicial/quasi-judicial contexts
o Did not apply to other types of administrative conduct (purely administrative nature)
- Audi alterem maxim
o Applied to cases where someone deprived of a right
o Only applied to judicial/quasi-judicial conduct
o Did not apply in cases concerning ‘mere applicants’
Under Constitution and PAJA
- Requirements of fairness apply to all administrative action
- Can even apply when exercise of public power does not amount to administrative action, ito
principle of legality
- Procedural fairness standards serves to uphold principles/values that underpins Constitution
These values include
o Accountability
o Openness
o Responsiveness
- What fairness demands will depend on circumstances of a case
1
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 Jennica1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
68443 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 15 years now