1
ADMINISTRATIVE LAW
UNIT 1 – DESCRIBING ADMIN LAW
4 Key issues / pillars in Admin Law
Authority = * Governs relationships between legal subjects
* Relationships are not on equal footing (inequality – vertical
relationship)
* Always a superior / senior official involved
Admin action= * Facilitates & regulates human behaviour / interaction
* Conduct of anyone exercising public / authoritative power
Just Admin action * The right of every person
* All admin action by persons exercising public power must be
“LAWFUL, REASONABLE & PROCEDURALY FAIR”
Control of admin action = The way / manner in which authority / power has been
exercised
3 Requirements for any admin action:-
1. Be lawful – must comply with all req of law (as found in sources of law)
2. Be reasonable – Must have a reasonable effect / result
www.studynotesunisa.co.za
, 2
- Discretion exercised & decision taken by person in authority must be
correct
(based on objective facts & circumstances)
3. Be procedurally fair – Correct procedure must be used to take decision
- Subordinate party must be given chance to defend position
before
decision is taken
When decision results in someone’s rights being adversely affected – written reasons for
decision should be given
* Law provides protection against any possible harm which results from exercise of powers
(against
abuse of power)
* To correct an action – to rather use method of internal / admin control (senior officials
review action)
then going to court
Admin Law is the sum total of legal rules that grant people / bodies in authority
power to: * take action
* Prescribe procedures to be followed where taking such action
* Ensure such action is within the boundaries of the law
Also provides for control over such action
(Activity on page 7)
UNIT 2 – SOURCES OF ADMIN LAW
www.studynotesunisa.co.za
, 3
Sources of Admin Law:-
1. Binding (Authoritative) sources:
1. The Constitution - Most important statutory - & most authoritative source
- Sets standard for which admin conduct & actions of every
admin
functionary / institution in SA
- Guarantees justice for all by demanding all req for admin
action
must be met. (Guarantees Just Admin Action)
(Activity page 12)
2. Legislation - Parliament often expressly instruction to adopt legis to give effect to
Const
provision
- Is a primary source of law – most of our law drafted in form of legis
(but
all legis to comply with provisions of Const)
- Original & Subordinate Legis:-
* Original = Passes b Parl in Nat sphere
= 2 examples of Acts of Parl that compliment prov of Const &
crucial to Admin Law:- # Promotion of Justice Act 3 of 2000
(PAJA)
# Promotion of Access to Info CT 2 OF
2000
= Passes by 9 provincial legislatures in Prov Sphere
www.studynotesunisa.co.za
, 4
= Also passed by elected local govs (Munic councils) in Local
spheres
* Subordinate = Passes ito original legis (but must not conflict with
prov of
enabling Act / statute)
= In Nat sphere of gov – this legis passed by institutions
empowered to make these rules
= Examples:- # Proclamations of President (issued ito
empowering statute to declare date of
commencement of particular statute
# Regulations made by ministers ito enabling
Statute
= Found in Prov & Local sphere too
(Activity page 15)
3. Case Law (judicial precedent) - Task of courts to determine meaning of particular
legal rule
& apply rule to concrete situations
- Guidelines prescribed by Const
- Judgments of previous cases binding on other courts
(Activity page 16)
4. Common law - Unwritten law of SA
- Common law not important part of Admin law (But English &
Roman-
Dutch law played role in development of Admin law)
- 2 Examples of English law:- # principle of ultra vires
# Development of rules of natural
justice
www.studynotesunisa.co.za
ADMINISTRATIVE LAW
UNIT 1 – DESCRIBING ADMIN LAW
4 Key issues / pillars in Admin Law
Authority = * Governs relationships between legal subjects
* Relationships are not on equal footing (inequality – vertical
relationship)
* Always a superior / senior official involved
Admin action= * Facilitates & regulates human behaviour / interaction
* Conduct of anyone exercising public / authoritative power
Just Admin action * The right of every person
* All admin action by persons exercising public power must be
“LAWFUL, REASONABLE & PROCEDURALY FAIR”
Control of admin action = The way / manner in which authority / power has been
exercised
3 Requirements for any admin action:-
1. Be lawful – must comply with all req of law (as found in sources of law)
2. Be reasonable – Must have a reasonable effect / result
www.studynotesunisa.co.za
, 2
- Discretion exercised & decision taken by person in authority must be
correct
(based on objective facts & circumstances)
3. Be procedurally fair – Correct procedure must be used to take decision
- Subordinate party must be given chance to defend position
before
decision is taken
When decision results in someone’s rights being adversely affected – written reasons for
decision should be given
* Law provides protection against any possible harm which results from exercise of powers
(against
abuse of power)
* To correct an action – to rather use method of internal / admin control (senior officials
review action)
then going to court
Admin Law is the sum total of legal rules that grant people / bodies in authority
power to: * take action
* Prescribe procedures to be followed where taking such action
* Ensure such action is within the boundaries of the law
Also provides for control over such action
(Activity on page 7)
UNIT 2 – SOURCES OF ADMIN LAW
www.studynotesunisa.co.za
, 3
Sources of Admin Law:-
1. Binding (Authoritative) sources:
1. The Constitution - Most important statutory - & most authoritative source
- Sets standard for which admin conduct & actions of every
admin
functionary / institution in SA
- Guarantees justice for all by demanding all req for admin
action
must be met. (Guarantees Just Admin Action)
(Activity page 12)
2. Legislation - Parliament often expressly instruction to adopt legis to give effect to
Const
provision
- Is a primary source of law – most of our law drafted in form of legis
(but
all legis to comply with provisions of Const)
- Original & Subordinate Legis:-
* Original = Passes b Parl in Nat sphere
= 2 examples of Acts of Parl that compliment prov of Const &
crucial to Admin Law:- # Promotion of Justice Act 3 of 2000
(PAJA)
# Promotion of Access to Info CT 2 OF
2000
= Passes by 9 provincial legislatures in Prov Sphere
www.studynotesunisa.co.za
, 4
= Also passed by elected local govs (Munic councils) in Local
spheres
* Subordinate = Passes ito original legis (but must not conflict with
prov of
enabling Act / statute)
= In Nat sphere of gov – this legis passed by institutions
empowered to make these rules
= Examples:- # Proclamations of President (issued ito
empowering statute to declare date of
commencement of particular statute
# Regulations made by ministers ito enabling
Statute
= Found in Prov & Local sphere too
(Activity page 15)
3. Case Law (judicial precedent) - Task of courts to determine meaning of particular
legal rule
& apply rule to concrete situations
- Guidelines prescribed by Const
- Judgments of previous cases binding on other courts
(Activity page 16)
4. Common law - Unwritten law of SA
- Common law not important part of Admin law (But English &
Roman-
Dutch law played role in development of Admin law)
- 2 Examples of English law:- # principle of ultra vires
# Development of rules of natural
justice
www.studynotesunisa.co.za
