The Doctrine of Functus Officio and Defective Administrative Actions in
Administrative Law”
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
, Abstract
The doctrine of functus officio is a foundational principle in administrative law, establishing
that a decision-maker’s authority ceases once a final decision has been lawfully made. This
principle ensures legal certainty and protects administrative finality. However, in practice,
administrative authorities frequently encounter defective administrative actions arising from
procedural irregularities, substantive errors, or non-compliance with statutory obligations.
Such defects challenge the strict application of functus officio and raise critical questions
regarding the ability of decision-makers to rectify errors without violating the principle of
finality. This study examines the interplay between functus officio and defective
administrative actions within the South African legal framework, analysing constitutional
provisions, statutory law—particularly the Promotion of Administrative Justice Act (PAJA)—
and relevant case law. The research further explores exceptions, remedies, and judicial
strategies that balance the finality of administrative decisions with fairness, legality, and
accountability. By combining doctrinal analysis and practical insights, this study contributes
to a nuanced understanding of administrative justice and provides recommendations for
enhancing compliance and decision-making in public administration.
Keywords
Doctrine of Functus Officio
Administrative Law
Defective Administrative Actions
Promotion of Administrative Justice Act
Procedural Fairness
Substantive Fairness
Judicial Review
Remedies and Rectification
Abbreviations
PAJA – Promotion of Administrative Justice Act 3 of 2000
SCA – Supreme Court of Appeal
Administrative Law”
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
, Abstract
The doctrine of functus officio is a foundational principle in administrative law, establishing
that a decision-maker’s authority ceases once a final decision has been lawfully made. This
principle ensures legal certainty and protects administrative finality. However, in practice,
administrative authorities frequently encounter defective administrative actions arising from
procedural irregularities, substantive errors, or non-compliance with statutory obligations.
Such defects challenge the strict application of functus officio and raise critical questions
regarding the ability of decision-makers to rectify errors without violating the principle of
finality. This study examines the interplay between functus officio and defective
administrative actions within the South African legal framework, analysing constitutional
provisions, statutory law—particularly the Promotion of Administrative Justice Act (PAJA)—
and relevant case law. The research further explores exceptions, remedies, and judicial
strategies that balance the finality of administrative decisions with fairness, legality, and
accountability. By combining doctrinal analysis and practical insights, this study contributes
to a nuanced understanding of administrative justice and provides recommendations for
enhancing compliance and decision-making in public administration.
Keywords
Doctrine of Functus Officio
Administrative Law
Defective Administrative Actions
Promotion of Administrative Justice Act
Procedural Fairness
Substantive Fairness
Judicial Review
Remedies and Rectification
Abbreviations
PAJA – Promotion of Administrative Justice Act 3 of 2000
SCA – Supreme Court of Appeal
