RRLLB81 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - THE
Doctrine of Functus Officio
and Defective Administrative
Actions in Administrative
Law
FOR FURTHER ASSISTANCE
PLEASE CONTACT
, The Doctrine of Functus Officio
The doctrine of functus officio is a fundamental principle of administrative law. It essentially
means "having performed the office." In simple terms, once an administrative body or official
has made a final and legally binding decision, their power to reconsider or revoke that decision is
exhausted. The decision is considered final, and the official is "discharged from their office" with
respect to that specific matter. This principle serves two crucial purposes:
Finality and Certainty: It provides legal certainty and finality for both the decision-
maker and the affected parties. Once a right or benefit is granted, the beneficiary can rely
on it, knowing the decision cannot be arbitrarily changed. This predictability is vital for a
stable legal system.
Rule of Law: It upholds the principle of legality, ensuring that administrative officials do
not have unlimited power. Their authority is defined and limited by law, and they cannot
simply undo a lawful decision without the power to do so, which must be granted by a
statute.
The Conundrum: Functus Officio and Defective Administrative Action
The doctrine of functus officio creates a significant problem when a final decision is discovered
to be defective—that is, invalid, unfair, or void ab initio (from the beginning). The strict
application of the doctrine would mean that an official, upon realizing their decision was flawed,
cannot simply correct it. This creates a difficult situation:
For the Grantor (The Official/Organ of State): The official knows they have made a
defective decision but, under the functus officio doctrine, they are powerless to correct it.
This leaves them in a difficult position of having to either leave an unlawful decision in
place or go to the costly and time-consuming route of applying to a court to have their
own decision set aside.
For the Receiver (The Beneficiary): The beneficiary of the defective decision enjoys a
right or benefit that is legally tenuous. While they may have received a license or a
permit, the underlying decision is flawed. This creates a state of legal uncertainty.
Case Law Analysis: Navigating the Conundrum
South African courts have grappled with this tension between finality and legality. The legal
landscape has been significantly shaped by key judgments, moving towards a more flexible
approach.
Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA)
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - THE
Doctrine of Functus Officio
and Defective Administrative
Actions in Administrative
Law
FOR FURTHER ASSISTANCE
PLEASE CONTACT
, The Doctrine of Functus Officio
The doctrine of functus officio is a fundamental principle of administrative law. It essentially
means "having performed the office." In simple terms, once an administrative body or official
has made a final and legally binding decision, their power to reconsider or revoke that decision is
exhausted. The decision is considered final, and the official is "discharged from their office" with
respect to that specific matter. This principle serves two crucial purposes:
Finality and Certainty: It provides legal certainty and finality for both the decision-
maker and the affected parties. Once a right or benefit is granted, the beneficiary can rely
on it, knowing the decision cannot be arbitrarily changed. This predictability is vital for a
stable legal system.
Rule of Law: It upholds the principle of legality, ensuring that administrative officials do
not have unlimited power. Their authority is defined and limited by law, and they cannot
simply undo a lawful decision without the power to do so, which must be granted by a
statute.
The Conundrum: Functus Officio and Defective Administrative Action
The doctrine of functus officio creates a significant problem when a final decision is discovered
to be defective—that is, invalid, unfair, or void ab initio (from the beginning). The strict
application of the doctrine would mean that an official, upon realizing their decision was flawed,
cannot simply correct it. This creates a difficult situation:
For the Grantor (The Official/Organ of State): The official knows they have made a
defective decision but, under the functus officio doctrine, they are powerless to correct it.
This leaves them in a difficult position of having to either leave an unlawful decision in
place or go to the costly and time-consuming route of applying to a court to have their
own decision set aside.
For the Receiver (The Beneficiary): The beneficiary of the defective decision enjoys a
right or benefit that is legally tenuous. While they may have received a license or a
permit, the underlying decision is flawed. This creates a state of legal uncertainty.
Case Law Analysis: Navigating the Conundrum
South African courts have grappled with this tension between finality and legality. The legal
landscape has been significantly shaped by key judgments, moving towards a more flexible
approach.
Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA)
