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ADL2601 ADL Summary Notes
Administrative Law (University of South Africa)
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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
- Discretion exercised & decision taken by person in authority must be correct
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(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
Sources of Admin Law:-
1. Binding (Authoritative) sources:
1. The Constitution - Most important statutory - & most authoritative source
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- 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
= 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
www.studynotesunisa.co.za
Downloaded by stephanie anunwa ()
ADL2601 ADL Summary Notes
Administrative Law (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by stephanie anunwa ()
, lOMoARcPSD|13104670
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
- Discretion exercised & decision taken by person in authority must be correct
www.studynotesunisa.co.za
Downloaded by stephanie anunwa ()
, lOMoARcPSD|13104670
2
(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
Sources of Admin Law:-
1. Binding (Authoritative) sources:
1. The Constitution - Most important statutory - & most authoritative source
www.studynotesunisa.co.za
Downloaded by stephanie anunwa ()
, lOMoARcPSD|13104670
3
- 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
= 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
www.studynotesunisa.co.za
Downloaded by stephanie anunwa ()
