The Department of Education in the

Eastern Cape sends a circular to all public

schools in the province to inform them that
a decision has been taken to exclude all
learners without valid ID numbers for
purposes of funding. Learners without
valid ID numbers will therefore not be
taken into account when teachers are
allocated to the schools and they will not
receive funding for textbooks, stationery,
school furniture, scholar transport, or
school nutrition.
 A same-sex couple advises you
that upon attempting to have their
marriage registered at the
Department of Home Affairs, the
registration officer told them that
he will not register their marriage
as two women should not be
allowed to get married in South
Africa.
 The Department of Public Work
announces that a tender has been
awarded to ShadyBiz (Pty) Ltd to tar
the N2 between PE and East London.
Three weeks after the announcement,
it is discovered that the department
did not follow the correct tender
procedure and that ShadyBiz belongs
to a prominent official within the
department with close links to the
Minister of Public Works.
 Administrative Law
Administrative law regulates the activities
of bodies that exercise public power or
perform public functions
Procurement; licensing; town planning;
expropriation; education; health
services welfare benefits; collection of
taxes; arrest; prosecution; protection of
the environment; political parties;
regulation of the economy
 Some other thoughts?
The body of legal rules governing the administration, organization,
powers and functions of administrative authorities". (Wiechers)

A set of common law principles which are designed to promote the effective
use of administrative power, to protect individuals and organizations from its
misuse, to preserve a balance of fairness between public authorities and those
with whom they interact, and to ensure the maintenance of the public interest
(Baxter)

administrative law, which forms the core of public law,

occupies a special place in our jurisprudence. It is an
incident of the separation of powers under which courts
regulate and control the exercise of public power by other
branches of government, their inter-relationship and the
boundaries between them. (Chaskalson)
 To summarise:
ADMINITRATIVE LAW:

Regulates the activities of bodies that exercise public powers

or perform public functions irrespective of whether those are
public authorities in a strict sense.
It empowers administrative officials so that they can
implement policies and programmes;
and it limits the exercise of power
by officials by requiring all administrative
action to meet certain minimum requirements
of lawfulness, reasonableness and fairness.
 Overview
ADMINISTRATIVE LAW
WHAT ? WHY? WHEN? HOW?
Background, sources Control of the Administrative Review (extra-
etc exercise of public Action judicial + judicial)
power

JUDICIAL REVIEW OTHER CONTROLS

WHEN? HOW? WHY?

(procedures to be (remedies asked for)
followed)

STANDING UNLAWFUL PROCEDURALLY UNREASONABLE NO REASONS

UNFAIR
 Course content
TOPIC 1 INTRODUCTION FOUNDING PRINCIPLES OF ADMINISTRATIVE LAW
Introduction
Administrative law concepts
The sources of administrative law
Administrative powers
TOPIC 2 WHAT IS ADMINISTRATIVE ACTION?
The constitutional right to just administrative action
Administrative action in terms of PAJA
TOPIC 3 DUTIES AND FUNCTIONS OF THE ADMINISTRATOR
Procedural fairness affecting individuals sec 3
Procedural fairness affecting the public sec 4
Written reasons sec 5
TOPIC 4 THE CONTROL OF ADMINISTRATIVE ACTION
Extra-judicial/judicial control
Lawfulness
Reasonableness
Procedural fairness
TOPIC 5 PROCEDURES AND REMEDIES
 WHAT ? WHY? WHEN? HOW?

Intro, Control of Administra Review

Background the exercise tive Action (extra-
sources, of public judicial +
concepts, power judicial)
etc