ADL2601
Assignment 1 Semester 1 2025
Unique number:
Due Date: 2025
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
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, QUESTION 1 (2 ANSWERS PROVIDED)
In South African administrative law, judicial review and appeal serve distinct
yet complementary functions in ensuring administrative justice.
Judicial review focuses on the legality or validity of an administrative decision.
It examines whether the decision-maker acted within the scope of their lawful
authority and followed fair procedures when arriving at the decision. Under the
Constitution and the Promotion of Administrative Justice Act 3 of 2000
(PAJA), courts enjoy inherent review jurisdiction, allowing them to scrutinize
all administrative action for compliance with legal requirements such as
lawfulness, procedural fairness, and reasonableness. Judicial review thus
looks at the process rather than the merits of the decision. It may go beyond
the initial record to detect any procedural irregularities, bias, or unauthorized
action. If a court finds a decision unlawful, it can grant an appropriate remedy,
which could involve setting aside the decision or remitting the matter for
reconsideration.
By contrast, an appeal in administrative law is statutory in nature. Courts in
South Africa do not possess inherent appeal jurisdiction; an appeal may be
brought only if a statute empowers a court to hear it. The enabling Act will
prescribe the scope and grounds for such an appeal, including whether it
pertains to questions of fact, questions of law, or both. An appeal is a
rehearing limited to the existing record of proceedings. Crucially, it allows the
court to assess whether the decision was correct on the merits—whether the
administrator’s findings of fact and conclusions of law were right or wrong.
In essence, judicial review safeguards the rule of law and due process by
ensuring decision-makers act within the bounds of their authority, while appeal
provides a mechanism for scrutinizing the substance of decisions when
authorized by statute. Both remedies aim to uphold administrative justice,
albeit through different legal lenses.
© Study Shack 2024. All rights Reserved +27 68 812 0934
Assignment 1 Semester 1 2025
Unique number:
Due Date: 2025
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 68 812 0934
,© Study Shack 2024. All rights Reserved +27 68 812 0934
, QUESTION 1 (2 ANSWERS PROVIDED)
In South African administrative law, judicial review and appeal serve distinct
yet complementary functions in ensuring administrative justice.
Judicial review focuses on the legality or validity of an administrative decision.
It examines whether the decision-maker acted within the scope of their lawful
authority and followed fair procedures when arriving at the decision. Under the
Constitution and the Promotion of Administrative Justice Act 3 of 2000
(PAJA), courts enjoy inherent review jurisdiction, allowing them to scrutinize
all administrative action for compliance with legal requirements such as
lawfulness, procedural fairness, and reasonableness. Judicial review thus
looks at the process rather than the merits of the decision. It may go beyond
the initial record to detect any procedural irregularities, bias, or unauthorized
action. If a court finds a decision unlawful, it can grant an appropriate remedy,
which could involve setting aside the decision or remitting the matter for
reconsideration.
By contrast, an appeal in administrative law is statutory in nature. Courts in
South Africa do not possess inherent appeal jurisdiction; an appeal may be
brought only if a statute empowers a court to hear it. The enabling Act will
prescribe the scope and grounds for such an appeal, including whether it
pertains to questions of fact, questions of law, or both. An appeal is a
rehearing limited to the existing record of proceedings. Crucially, it allows the
court to assess whether the decision was correct on the merits—whether the
administrator’s findings of fact and conclusions of law were right or wrong.
In essence, judicial review safeguards the rule of law and due process by
ensuring decision-makers act within the bounds of their authority, while appeal
provides a mechanism for scrutinizing the substance of decisions when
authorized by statute. Both remedies aim to uphold administrative justice,
albeit through different legal lenses.
© Study Shack 2024. All rights Reserved +27 68 812 0934
