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10 October Admin Law

Procedural Pre-requisites.
20 Nov exam
Importance of procedure
.procedural fairness is essential part of s 33
.procedure =manner in which, way in which, or methodology of something
.different meanings in different contexts-contextual sensitivity, surety ship agreement
versus passing of legislation
3 general aspects of procedural fairness:
Audi lateral parted
Legality
Nemo index in USA causa
Lecture notes:
In the new clicks case. The pharmaceutical association was worried about the economic
impact on pharmacies. The application was dismissed because the regulations were not
reasonable because the interested parties had not had a proper opportunity to be
heard. Interested parties were given 3 months to make representations. The contention
was that. Form above substance ie Audi was not properly applied. Have a look at par
13,14. Does PAJA apply ?
Then the interested parties were denied leave to appeal. Petitioned the SCA. Look at
chascelsom, and 2 more. Ask lecturer. Par 119. He has no problem that regulations fall
within the ambit of administrative action. Ncobo and sachs s436 ask lecturer about
which section will be in exam.
Reasonableness needs to be contextualized.
We have to ways of dealing with this:
Micro management Ito PAJA
Or macro management with the principle of legality, developing the constitution.
Read these paragraphs:
11,13,14,23,23,32,33,41-ignore till-91,96,132,133,135,143145,151,160,189,422,436,448,575,579,585'586,582,609,612,614,637,645,644,

SCOPE OF TEST ON 20 AUGUST 2012

Posted on: Friday, 3 August 2012

Note that the aforesaid test will include Introduction to Administrative Law and Defining Administrative Law in a Pre
and Post Constitutional Dispensation as indicated in your Study Guide. Furthermore, the test will include all
prescribed cases, except for theAlbutt case. In addition, the test includes references to Hoexter's test book in the
Study Guide, Study Notes and as class discussions.
Regards

Administrative Law 24 October 2012


Corpus of admin
Sources
Pre and post
Basic principles
-exercise of all public power (by public and private)
-irregular or illegitimate power regulated only through judicial review
-judicial review forms one of the 3 legs of democratic government based upon trials politika
-regulation of courts themselves ensured through supremacy of the constitution and rule of law
and incident of power - no entity can exercise more power than that which has been conferred
upon by it.
Identifying administrative law
Look at the function more expansive in meaning than mere functionary, since extends to public
and private entities.
-locate within definition of PAJA. To give effect to national legislation.
-where cannot locate withinnPAJA or excluded in terms of exceptions use administrative law's
mirror - legality principle.
PAJA
Principle of legality
S53 of the uniform rules of court.
S 33 Constitution
Further and or alternative relief.
180 days to bring application Ito of PAJA
Item one. Fed sure and SARfU, NATO, know altricle on principle of legality, albut, do not study
city of capre town.

Sources .... aAA investment, dont know minister of finance and durban.
Defining...all cases except cape metropolitan council.
Consitution prerequisites.... Carfone and glenester, dont know grootboom case dont know
carfone markus.
Procedural......grabie, zondie, just know paragrap kruger,
Review.....koejawa justbparagraphs. Just cases of new clicks case.
Salt case is recommended, gaga case, democratic alliance, joseph case. Mozart case.
80 marks. 3 problem questions. Each 20 marks. 20 marks shorter question.
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