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 EMAIL
M
, RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September
2025; 100% TRUSTED Complete, trusted solutions and explanations. For assistance,
Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.... THE Doctrine of
Functus Officio and Defective Administrative Actions in Administrative Law Functus
Officio is the principle in terms of which decisions of officials are deemed to be final
and binding once they are made. The decision cannot, once made, be revoked by
the decision maker in the absence of statutory authority. The official could,
however, approach a court of law to set aside his/her own decision. This maintains
the principle of legality and ensures that functionaries do not exercise more power
than they have. This creates certainty because the bearer or receiver of a right and
the granter of a right know where they stand legally. The doctrine (Functus Officio)
applies only to decisions that are final and where rights or benefits have been
granted. This however creates a conundrum where a decision is invalid or unfair ab
initio. Particularly administrative actions which unfairly or invalidly granted rights or
benefits. This creates problems for the granter of rights or benefits once it is
discovered that the administrative action is defective. The administrative action
could be unfair, invalid, or void. All these circumstances yield different legal
outcomes and affect the granter of rights and the receiver of rights differently.
Conduct research and investigate why defective administrative action affects
certainty, and how the doctrine of Functus Officio affects administrative law. You
may choose to focus on invalid, unfair or void administrative actions, or all of these
defective administrative actions. Cases AllPay Consolidated Investment Holdings
(Pty) Ltd v Chief Executive Officer, South African Social Security Agency (No 2) 2014
(4) SA 179 (CC) Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222
(SCA) Books Burns Y and Henrico R, Administrative Law (5th edn, Juta 2020) Quinot
G (ed), Administrative Justice in South Africa: An Introduction (2nd edn, Oxford
2021) Legislation Promotion of Administrative Justice Act 3 of 2000 Journal Articles
62 Henrico R, ‘The Functus Officio Doctrine and Invalid Administrative Action in
South African Administrative Law: A Flexible Approach’ 2020 (34) Spec Juris 115
Pretorius DM, ‘The Origins of the Functus Officio Doctrine with Specific Reference to
its Application in Administrative Law’ (2005) 122 SALJ 832
(COMPLETE ANSWERS) Semester
2 2025 - DUE September 2025 -
THE Doctrine of Functus Officio
and Defective Administrative
Actions in Administrative Law
FOR FURTHER
ASSISTANCE EMAIL
M
, RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September
2025; 100% TRUSTED Complete, trusted solutions and explanations. For assistance,
Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.... THE Doctrine of
Functus Officio and Defective Administrative Actions in Administrative Law Functus
Officio is the principle in terms of which decisions of officials are deemed to be final
and binding once they are made. The decision cannot, once made, be revoked by
the decision maker in the absence of statutory authority. The official could,
however, approach a court of law to set aside his/her own decision. This maintains
the principle of legality and ensures that functionaries do not exercise more power
than they have. This creates certainty because the bearer or receiver of a right and
the granter of a right know where they stand legally. The doctrine (Functus Officio)
applies only to decisions that are final and where rights or benefits have been
granted. This however creates a conundrum where a decision is invalid or unfair ab
initio. Particularly administrative actions which unfairly or invalidly granted rights or
benefits. This creates problems for the granter of rights or benefits once it is
discovered that the administrative action is defective. The administrative action
could be unfair, invalid, or void. All these circumstances yield different legal
outcomes and affect the granter of rights and the receiver of rights differently.
Conduct research and investigate why defective administrative action affects
certainty, and how the doctrine of Functus Officio affects administrative law. You
may choose to focus on invalid, unfair or void administrative actions, or all of these
defective administrative actions. Cases AllPay Consolidated Investment Holdings
(Pty) Ltd v Chief Executive Officer, South African Social Security Agency (No 2) 2014
(4) SA 179 (CC) Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222
(SCA) Books Burns Y and Henrico R, Administrative Law (5th edn, Juta 2020) Quinot
G (ed), Administrative Justice in South Africa: An Introduction (2nd edn, Oxford
2021) Legislation Promotion of Administrative Justice Act 3 of 2000 Journal Articles
62 Henrico R, ‘The Functus Officio Doctrine and Invalid Administrative Action in
South African Administrative Law: A Flexible Approach’ 2020 (34) Spec Juris 115
Pretorius DM, ‘The Origins of the Functus Officio Doctrine with Specific Reference to
its Application in Administrative Law’ (2005) 122 SALJ 832
