ADL2601
SUMMARY
BY ARIA
THE LAW TUTOR
, Abbreviations:
AA = Administrative Action JA = Judge of the Supreme Court of Appeal
OotS = Organ of the State MEC = Member of the Provincial Council
B = Supreme Court of Bophuthatswana P = President of the Supreme Court of Appeal
CC = Constitutional Court PAJA = Promotion of Administrative Justice Act 3 of 2000
BCLR = Butterworths Constitutional Law Reports RA = Appeal Court of Rhodesia (now Zimbabwe)
CJ = Chief Justice SCA = Supreme Court of Appeal
J = Judge
4 Key features of administrative law
• The public power - state authority - that is exercised by an organ of
state / natural or juristic person over another person/body in a
State Autority
subordinate position. The exercise of such STATE authority could
affect the rights/interests of the last-mentioned
• The conduct of state officials (administrators) when exercising a
Administrative Action
public power / performing a public function ito legislation
• The manner in which AA must be performed in exercising state
authority by the OotS / natural or juristic person.
• The Constitution states that all administrators exercising public
power must:
Just Administrative • act lawfully - must comply with requirements of the law
Action
• act reasonably - decision must be objective and sound
• must follow procedures that are fair
• must provide written reasons when rights of a person are
adversely affected
Control of • Means of correcting / rectifying AA that is not just/fair
Administrative Action • What is the remedy?
What is administrative law?
❖ Administrative law forms part of public law
❖ It regulates the activities of OotS and natural/juristic persons that exercise public powers / perform public
functions
❖ Regulating the activities of OotS and natural/juristic persons include prescribing the procedures to be
followed when public powers are exercised or public functions are performed
❖ Ensuring that such action is within boundaries of the law
❖ Regulating also includes control over such action
1
SUMMARY
BY ARIA
THE LAW TUTOR
, Abbreviations:
AA = Administrative Action JA = Judge of the Supreme Court of Appeal
OotS = Organ of the State MEC = Member of the Provincial Council
B = Supreme Court of Bophuthatswana P = President of the Supreme Court of Appeal
CC = Constitutional Court PAJA = Promotion of Administrative Justice Act 3 of 2000
BCLR = Butterworths Constitutional Law Reports RA = Appeal Court of Rhodesia (now Zimbabwe)
CJ = Chief Justice SCA = Supreme Court of Appeal
J = Judge
4 Key features of administrative law
• The public power - state authority - that is exercised by an organ of
state / natural or juristic person over another person/body in a
State Autority
subordinate position. The exercise of such STATE authority could
affect the rights/interests of the last-mentioned
• The conduct of state officials (administrators) when exercising a
Administrative Action
public power / performing a public function ito legislation
• The manner in which AA must be performed in exercising state
authority by the OotS / natural or juristic person.
• The Constitution states that all administrators exercising public
power must:
Just Administrative • act lawfully - must comply with requirements of the law
Action
• act reasonably - decision must be objective and sound
• must follow procedures that are fair
• must provide written reasons when rights of a person are
adversely affected
Control of • Means of correcting / rectifying AA that is not just/fair
Administrative Action • What is the remedy?
What is administrative law?
❖ Administrative law forms part of public law
❖ It regulates the activities of OotS and natural/juristic persons that exercise public powers / perform public
functions
❖ Regulating the activities of OotS and natural/juristic persons include prescribing the procedures to be
followed when public powers are exercised or public functions are performed
❖ Ensuring that such action is within boundaries of the law
❖ Regulating also includes control over such action
1
