2023

Administrative Law
LAWS 4063A

1. INTRODUCTION

Administrative law is concerned with the exercise of public power, or the performance of a public
function. This course introduces students to South African administrative law. The course deals with
the definition and scope of administrative law, the constitutional foundation of administrative law,
the relationship of administrative law and statutory interpretation, the Promotion of Administrative
Justice Act (PAJA), the relationship of PAJA and the principle of legality, administrative action,
grounds of judicial review including lawfulness, reasonableness, procedural fairness, the
requirement of reasons, and remedies.

Administrative law is a compulsory course offered in the first semester.

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 AIMS AND LEARNING OUTCOMES OF THE COURSE

AIMS OF THE COURSE

The aims of the course are to give the student a sound understanding of the principles of South
African administrative law primarily as they are relevant to judicial review and as applied in the
courts. In this course, we deal with many sources of administrative law but primarily with the
empowering statute, with PAJA, and with the principle of legality as well as constitutional law and
judicial precedent based on the common-law of judicial review. The course is built around two large
topics: firstly, the concept of administrative action and, secondly, the many and various grounds for
judicial review of both administrative and non-administrative action. In addition, there are several
other topics covered more briefly in this course, including statutory interpretation, accountability
and governance, reasons and judicial remedies. While many South African law schools have
administrative law for a full year, at Wits, administrative law is by tradition a one semester final year
course.

LEARNING OUTCOMES OF THE COURSE

It is expected that at the end of the course, students should be able to:

• critically explain different concepts and principles relating to administrative law and
administrative justice in South Africa and evaluate the constitutional foundation of
administrative law;

• critically explain the meaning and content of the constitutional right to just administrative
action;

• recognise and analyse administrative action and the principle of legality and evaluate their
significance in administrative law;

• explain the requirements of lawfulness, reasonableness, procedural fairness, the right to

reasons and apply them to a given set of facts;

• define judicial review and explain what judicial control over the exercise of public power entails;
and,

• identify the appropriate procedure and remedies available to persons aggrieved by

administrative action.

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 2. Contact Details
COURSE COORDINATOR AND LECTURERS

COURSE COORDINATOR
Dr Khulekani Moyo
Office No. 50, School of Law Building
Email: khulekani.moyo@wits.ac.za
Lecturer Lecturer
Prof Firoz Cachalia Ms Gabrielle Burns
Office No. FAB 120, New CLM Building Office No. 61, School of Law Building
Email: firoz.cachalia@wits.ac.za Email: gabrielle.burns@wits.ac.za

COURSE ADMINISTRATOR
Ms Lerato Phiri
Email: lerato.phiri@wits.ac.za

QUERIES AND GRIEVANCE ISSUES:

Kindly take note of the following:
There is a policy about how issues should be escalated in the University. You can access it at:
http://www.wits.ac.za/students/student-grievance-procedures/. Usually, the first port of call is to
contact your assigned lecturer or the lecturer who presented a particular topic. The second call is to
the course coordinator. The third call is to the unit head under which the course falls and only as a
final call to the Head of School.

3. Contact & Study Time

LECTURE MODALITY
Face to face physical lectures:
All lectures for this course will be presented face to face in a designated lecture venue.
Supplementary information may be delivered via the student learning management system called
Ulwazi.

“Online” live question and answer sessions:

Where necessary and at the course coordinator’s discretion a link to MS Teams meeting will be
sent out via the Ulwazi announcements tab. Students will sign on to “attend” the session and will
be able to “raise their hand” to participate in the session.

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LECTURES
Day Time Venue
Wednesday 12h30 -13h15 (single lecture) SH6
Thursday 14h15-16h00 (double lecture) NCB1

PREPARATION AND STUDY TIME

Independent reading, analysis and research are crucial skills for a legal professional. The
assumption is that you have prepared for the lectures by reading through the prescribed readings
before lectures.

ACCESS TO ULWAZI & EMAIL COMMUNICATIONS

Wits presently uses the “Ulwazi” Learning Management System, powered by CANVAS:
The online learning management system website can be accessed
at https://ulwazi.wits.ac.za (best viewed on Google Chrome). You will use your Wits login
details (username = student email; password = determined by you) to log into Ulwazi.

You will be automatically added to the relevant courses on registration. You will be allocated
a course tab under your name and student number on Ulwazi for each course that you are
registered for – if you are missing the tab for any course - please contact Wits ICT. Please check
Ulwazi regularly for all online course material.

Email communications:
In addition, all students are allocated a Wits email account which is used for communication
with the Law School. Please ensure that you check your Wits email often and that you use
your Wits email address when communicating with administrative and academic staff at Wits
in order to ensure that your email is not flagged as spam and deleted.

4. Study Material: Prescribed Books & Course Material

PRESCRIBED MATERIAL
The prescribed text for 2023 is Geo Quinot (ed) Administrative Justice in South Africa: An
Introduction 2nded (Oxford, 2020). This text is student-focused and has proved helpful to the
greatest number of students. With some small but significant differences (mostly in the grounds
of review topic), the organisation of this textbook mirrors the organisation of the course outline.
Please note that we will also cater for students with access to the first edition, (Oxford, 2015) by
providing page numbers for both. The prescribed text may be supplemented by the oftentimes
more extensive and in-depth extended discussion in Cora Hoexter & Glenn Penfold’s
Administrative Law in South Africa 3rd ed (Juta, 2021). This text is often used and cited by legal
practitioners and by the judiciary.

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 RECOMMENDED MATERIAL
Recommended readings are in addition to prescribed reading and will assist you in
understanding the work.
Cora Hoexter & Glenn Penfold’s Administrative Law in South Africa 3rd ed (Juta, 2021)
Yvonne Burns’ Administrative Law 5th ed (LexisNexis SA, 2019)
L Baxter Administrative Law (Juta, 1984)

5. Assessment and Mark Contributions

GUIDING PRINCIPLES OF ASSESSMENT

Our approach to assessment in this course is based on the Senate Standing Orders on Assessment
of Student Learning (hereafter the “Standing Orders”):
• Principles and values of assessment: The Law School is committed to assessment that is
“unbiased, fair, transparent, valid and reliable” and we use “a variety of assessment forms and
methods… carried out throughout the year”.
• Purposes of assessment: The purposes of assessment include teaching you the requisite
knowledge and skills, detecting problem areas in the work that deserve more attention, testing
whether you have met the outcomes for the course, and ensuring that you display the
necessary competencies required for you to progress towards completing your LLB or other
degree.
• Forms of assessment: Assessments will be continuous (in other words, frequent and ongoing),
formative (done with the aim of giving you feedback to learn and grow in intellectual maturity),
integrated (testing your ability to integrate different parts of the work in a way that exposes
you to the so-called real world), and summative (testing you on different segments of the work
separately and collectively).
• Feedback on assessment: We undertake to give you feedback on the various assessment
opportunities within a reasonable time. Due to the number of students, we will generally
provide very brief and basic comments on written assessments.
• Record keeping: You are required to keep copies of the assessments that you have completed
until the final marks for the course have been published at the end of the year, usually in
December.
• Sub-minimum mark: The minimum mark required for a component of a course. Where a sub-
minimum mark is required, a student cannot pass a course if they do not achieve that mark,
irrespective of how high the marks may be in the other components of the course. We will not
apply this rule in this course.
• Quality assurance of assessment: A percentage of the course in line with the applicable
Standing Orders will be externally moderated by a subject expert from another University.

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 SUMMARY OF ASSESSMENTS
Assessment Description Date Weighting:
Contribution to
final mark (%)
Knowledge Quiz Online, closed book 1 March 2023 10
Class Test In-person, closed book 30 March 2023 28
MCQ In-person, closed book 11 May 2023 22
June Exam In-person, closed book TBC 40
FINAL MARK TOTAL: 100%

ADDITIONAL TIME APPLICATIONS

Extra time may be extended to students whose proven disability prevents them from completing
an assessment in the allotted time. Applications must be made within the first three weeks of the
commencement of a course in each academic year. Late applications will not be considered,
other than in exceptional circumstances, e.g. acute injury. Extra time granted for matriculation
examinations does not apply – a new application to the University must be made.

Application forms are available in the Faculty Offices, Disability Unit (DU), Campus Health and
Wellness Centre (CHWC), and Examinations and Graduation Office (EGO). See at:
http://www.wits.ac.za/students/exams/3638/extra_time.html.

PUBLICATION OF ASSESSMENT MARKS

Online assessment marks will be available on the course site on Ulwazi while in-person
assessment scripts will be available for collection at LB 41. This does not apply to final exam
scripts.

Any queries or complaints about a marked script (excluding final exam scripts) must be raised
within two weeks from the date on which the marks become available. Should a student wish to
consult about the assessment, please email your lecturer to schedule a consultation time.

A marking guide for an assessment may be posted on Ulwazi. It is imperative that students first
go through the marking guide before scheduling a consultation with a lecturer. When querying a
mark, students are required to illustrate that they have read the marking guide.

For a final exam, there is a performance review option. This review is not a re-mark of the script.
It is simply a discussion of the script to see where the student went wrong and where the work
can be improved. However, errors such as a miscalculation of a mark will be rectified. The
University rules do not make provision for a re-mark.

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 6. Deferred and Supplementary Opportunities
Deferred Applications: A deferred assessment may be granted in exceptional circumstances,
where a student is unable to complete an assessment for specified reasons, such as illness.
Applications must be submitted within three days (72 hours) of the due date of the principal
assessment, and must comply with various requirements as set out in the following application
forms:

For June & November exams: Submit your application to the CLM Faculty. Go to Student Self-
Service --> Academic Information --> Application for Deferred Assessment.

For all other assessments counting towards your final mark (e.g. assignments, class tests,
tutorials): submit your application to the school of law via
https://www.wits.ac.za/zahrah/display/external/public/279/NEPDZVNJyc#section-intro
Contact the relevant course administrator if you are not able to access the link.

Please note:
• There is no deferred on a deferred.
• The lecturer/course coordinator is not involved in this process. Please do not email your
applications and supporting documentation to them.
• The lecturer/course coordinator has the discretion to decide on the format of the
deferred assessment taking into account the number of deferred students. Typically, the
deferred assessment takes the form of an oral assessment, where you will not have the
luxury of time to look up your answers.

Supplementary exams: No supplementary exams will be awarded to any students by Faculty,

except under specific conditions.
The Board of Examiners may award a student in the final year of study a maximum of two Special
Supplementary Exams once the following conditions are met:
• The student must have no more than two outstanding courses (either full year or semester
courses, regardless of course level or credit value) for degree completion and graduation (as
per the rules of the degree they are registered for).
• The student must have attained a mark of 40% or higher for both outstanding courses.

Please note that a supplementary exam covers the entire course syllabus.

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 7. Student Academic Misconduct
Unless otherwise indicated in this course outline, all work that you submit for assessment must
be your own unaided work. Please note that any work (or portion thereof) that you have
submitted for assessment/credit in another course may not be submitted for the same purpose
in this course.

Academic misconduct includes any action which gains, attempts to gain, or assists others in
gaining or attempting to gain an unfair academic advantage. It includes plagiarism, which is a
form of cheating or stealing and is a serious disciplinary offence. It means using the words, ideas
or information produced by another person (source) without properly acknowledging that the
words, ideas, or information come from that person (or source). Whether you use material that
you obtained from a textbook, a journal article, a reported case or an essay on the Internet, you
must acknowledge your source. In addition, if you are quoting from the source (even if you are
changing the word sequence, or omitting certain parts), you have to put the quoted words in
quotation marks. If you do not, you will be committing plagiarism.

Please familiarise yourself with the different types of academic misconduct that must be
avoided. A useful summary of different types of plagiarism can be found at:
https://www.turnitin.com/static/plagiarism-spectrum/.

Should you be guilty of academic misconduct you will, at best, end up losing your marks for that
piece of work (i.e. the penalty for plagiarism is a zero grade). You may be prosecuted in a Student
Discipline Court. In serious cases, the sentence could well be exclusion from the University.

Whatever the sentence, any disciplinary conviction is reflected on your student record. This can
have grave consequences for your future career. The University’s policy on plagiarism does not
distinguish between deliberate and accidental plagiarism and regards both as unethical and
punishable.

If found guilty you will also not receive a ‘fit and proper letter’ or ‘certificate of good conduct’ on
completion of your degree. A fit and proper letter is required to register as a candidate legal
practitioner and to be admitted as a legal practitioner.

Please use the following link for the Student Academic Misconduct Policy:
https://www.wits.ac.za/media/wits-university/about-wits/documents/Academic-misconduct-
policy.pdf

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 8. Study Themes & Outcomes
To reach the exit-level outcome, the following study themes and more specific outcomes must
be attained:

TOPIC 1: INTRODUCTION TO FOUNDING PRINCIPLES OF ADMINISTRATIVE LAW

Lecturer: Ms Burns

Week 1 (22 & 23 February 2023)

Prescribed Reading
Quinot (2020): Chapter 1 (1-27), Chapter 2 (29-67), Chapter 4 (103-126), Chapter 5 (127-143)
Quinot (2015): Chapter 1 (1-26), Chapter 2 (27-57), Chapter 4 (95-118)

See also: Hoexter & Penfold (2021): 1-16, 31-37, 55-69, 137-146

Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs [2004] ZACC 15; 2004 (4) SA 490
(CC); 2004 (7) BCLR 687 (CC) (12 March 2004) esp paras 21-26 (115 paras).

Learning Outcomes
After completing this study theme, you should be able to:
• Explain different concepts and principles relating to administrative law and administrative
justice in South Africa.
• Define administrative law and its purpose and scope.
• Identify the sources of administrative law and explain the development of administrative
law in South Africa.
• Understand the requirements for the proper exercise of administrative powers and
functions.
• Explain the various avenues for judicial review of administrative action and executive
conduct in South Africa

TOPIC 2: ADMINISTRATIVE ACTION (INCLUDING THE PRINCIPLE OF LEGALITY)

Lecturer: Ms Burns

Weeks 2, 3 and 4 (2, 8, 9, 15 & 16 March 2023):

Prescribed Reading
Quinot (2020): Chapter 3 (70-101)
Quinot (2015): Chapter 3 (66-94, also 57-63)

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See also: Hoexter (2021): 218-353 (Constitution) and 194-245 (PAJA); also 38-50 (sources of
administrative power)

President of the Republic of South Africa and Others v South African Rugby Football Union and
Others (CCT16/98) [1999] ZACC 11; 2000 (1) SA 1; 1999 (10) BCLR 1059 (10 September 1999) esp
para 143 (260 paras)

Permanent Secretary of the Department of Education of the Government of the Eastern Cape
Province and Another v Ed-U-College (PE) (Section21) [2000] ZACC 23; 2001 (2) SA 1 (CC); 2001 (2)
BCLR 118 (CC) (29 November 2000) esp para 18 (25 paras)

Minister of Defence and Military Veterans v Motau and Others [2014] ZACC 18; 2014 (8) BCLR 930
(CC); 2014 (5) SA 69 (CC) (10 June 2014) esp paras 26-51 and fn 28 (129 paras)

AAA Investments (Proprietary) Limited v Micro Finance Regulatory Council and Another [2006]
ZACC 9; 2006 (11) BCLR 1255 (CC); 2007 (1) SA 343 (CC) (28 July 2006) esp paras 39-45 (Yacoob J)
and 119-121 (O’Regan J) (155 paras)

Calibre Clinical Consultants (Pty) Ltd v National Bargaining Council for the Road Freight Industry
[2010] ZASCA 94; 2010 (5) SA 457 (SCA); [2010] 4 All SA 561 (SCA) (19 July 2010) (64 paras)

Grey’s Marine Hout Bay (Pty) Ltd v Minister of Public Works [2005] ZASCA 43; [2005] 3 All SA 33
(SCA); 2005 (6) SA 313 (SCA) (13 May 2005) (36 paras)

Joseph v City of Johannesburg 2010 (4) SA 55 (CC), esp paras 27-30 [2009] ZACC 30; 2010 (3) BCLR
212 (CC); 2010 (4) SA 55 (CC) (9 October 2009) (78 paras)

Cape Metropolitan Council v Metro Inspection Services Western Cape CC and Others (10/99)
[2001] ZASCA 56 (30 March 2001)

See also: Hunter v Financial Sector Conduct Authority and Others (CCT165/17) [2018] ZACC 31;
2018 (6) SA 348 (CC); 2018 (12) BCLR 1481 (CC) (20 September 2018) (only paras 1-139)

See also: Pretorius and Another v Transport Pension Fund and Another (CCT95/17) [2018] ZACC
10; [2018] 7 BLLR 633 (CC); 2018 (7) BCLR 838 (CC); (2018) 39 ILJ 1937 (CC) (25 April 2018) (skim)

Learning Outcomes
After completing this study theme, you should be able to:
• Explain the meaning and content of the constitutional right to just administrative action.
• Explain the meaning and content of the right to just administrative action in terms of PAJA.
• Explain and critique the definition of administrative action with reference to PAJA.
• Apply and interpret the meaning of administrative action with reference to its
components.
• Explain the meaning, scope and application of the principle of legality.

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TOPIC 3: LAWFULNESS GROUNDS OF REVIEW

Lecturer: Ms Burns

Weeks 5 & 6 (22, 23, 29 &, 30 March 2023)

Prescribed Reading
Quinot (2020): Chapter 6 (145-170)
Quinot (2015): Chapter 5 (119-143)
See also: Hoexter & Penfold (2021): 357-425

Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the
South African Social Security Agency and Others (No 2) [2014] ZACC 12; 2014 (6) BCLR 641 (CC);
2014 (4) SA 179 (CC) (17 April 2014) (78 paras)

Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the
South African Social Security Agency and Others (CCT 48/13) [2013] ZACC 42; 2014 (1) SA 604
(CC); 2014 (1) BCLR 1 (CC) (29 November 2013) (at paras 28-30 and 58) (99 paras)

Chairman, State Tender Board v Digital Voice Processing (Pty) Ltd; Chairman, State Tender Board
v Sneller Digital (Pty) Ltd and Others 2012 (2) SA 16 (SCA)

Dumani v Nair and Another 2013 (2) SA 274 (SCA)

Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council
and Others 1999 (1) SA 374 (CC)

Dawood v Minister of Home Affairs (CCT35/99) [2000] ZACC 8; 2000 (3) SA 936; 2000 (8) BCLR
837 (7 June 2000), esp paras 40-56 (70 paras)

Gauteng Gambling Board and Another v MEC for Economic Development, Gauteng 2013 (5) SA
24 (SCA)

Judicial Service Commission and Another v Cape Bar Council and Another 2013 (1) SA 170 (SCA)

Long Beach Homeowners Association v Department of Agriculture, Forestry and Fisheries (South
Africa) and Another (865/2016) [2017] ZASCA 122; 2018 (2) SA 42 (SCA) (22 September 2017)

Walele v City of Cape Town (CCT 64/07) [2008] ZACC 11; 2008 (6) SA 129 (CC); 2008 (11) BCLR
1067 (CC) (13 June 2008) esp paras 54-63 (Jafta AJ) and 112-117 (O’Regan J) (144 paras)

Marshall NO and Others v Commissioner for the South African Revenue Service (CCT208/17)
[2018] ZACC 11; 2018 (7) BCLR 830 (CC)

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MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd t/a Eye and Lazer
Institute 2014 (3) SA 481 (CC)

Minister of Trade and Industry and Others v Nieuwoudt and Another 1985 (2) SA 1 (C) at 13

Millennium Waste Management (Pty) Ltd v Chairperson, Tender Board: Limpopo Province
(31/2007) [2007] ZASCA 165; [2007] SCA 165 (RSA); [2008] 2 All SA 145; 2008 (2) SA 481; 2008 (5)
BCLR 508; 2008 (2) SA 481 (SCA) (29 November 2007) (35 paras) (read for technical compliance
point)

Minister of Justice and Constitutional Development and Another v South African Restructuring and
Insolvency Practitioners Association and Others (SARIPA) (693/15) [2016] ZASCA 196; [2017] 1 All
SA 331 (SCA); 2017 (3) SA 95 (SCA) (2 December 2016)

Pepcor Retirement Fund v Financial Services Board 2003 (6) SA 38 (SCA) ( 198/2002) [2003] ZASCA
56; [2003] 3 All SA 21 (SCA) (30 May 2003) (54 paras)

Security Industry Alliance v Private Security Industry Regulatory Authority and Others 2015 (1) SA
169 (SCA)

University of Cape Town v Ministers of Education and Culture 1988 (3) SA 203 (C), esp 212F-212J

Van Eck, NO, and Van Rensburg, NO, v Etna Stores, 1947 (2) SA 984 (A)

Learning Outcomes
After completing this study theme, you should be able to:
• Explain the lawfulness requirement for administrative action as required by the
Constitution.
• Identify the key provisions in PAJA that deal with lawfulness.
• Explain the relevance of authority or authorisation for lawfulness of administrative action.
• Explain what delegation of authority entails and its impact on the lawfulness of
administrative action.
• Explain the meaning of discretionary powers and how the exercise of such powers can
determine the lawfulness of administrative action.
• Apply the various grounds of lawfulness review to a given set of facts.
• Explain the important principles regarding compliance with mandatory and prescribed
conditions and procedures in taking administrative action.

TOPIC 4: REASONABLENESS AND RATIONALITY GROUNDS OF REVIEW

Lecturer: Prof F. Cachalia

Weeks 7, 8 and 9 (5, 19, 20, 26 April 2023)

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Prescribed Reading
Quinot (2020): Chapter 8 (199-225)
Quinot (2015): Chapters 7 (169-192)

See also: Hoexter & Penfold (2021): 452-498

Bato Star Fishing v Minister of Environmental Affairs (supra) (see also Calibre para 60 (supra);
Motau (supra) para 69 fn 101)

Democratic Alliance v President of South Africa and Others (CCT 122/11) [2012] ZACC 24; 2012
(12) BCLR 1297 (CC); 2013 (1) SA 248 (CC)

Judicial Service Commission and Another v Cape Bar Council and another (818/2011) [2012] ZASCA
115; 2012 (11) BCLR 1239 (SCA); 2013 (1) SA 170 (SCA); [2013] 1 All SA 40 (SCA) (14 September
2012) (55 paras)

Minister of Defence and Another v Xulu (337/2017) [2018] ZASCA 65; 2018 (6) SA 460 (SCA)

Trinity Broadcasting (Ciskei) v Independent Communications Authority of South Africa (56/2003)

[2003] ZASCA 119; [2003] 4 All SA 589 (SCA)

WWF South Africa v Minister of Agriculture, Forestry and Fisheries (11478/18) [2018] ZAWCHC
127; [2018] 4 All SA 889 (WCC)

Ocean Ecological Adventures (Pty) Ltd v Minister of Environmental Affairs (6744/2018) [2019]
ZAWCHC 42; [2019] 3 All SA 259 (WCC)

Ehrlich v Minister of Correctional Services and Another (6113/2007) [2008] ZAECHC 33; 2009 (2)
SA 373 (E) 2009 (1) SACR 588 (E) (5 May 2008).

Learning Outcomes
After completing this study theme, you should be able to:
• Identify the provisions in the Constitution and PAJA dealing with the reasonableness
requirement for administrative action.
• Analyse and explain the reasonableness requirement for administrative action in the
Constitution and PAJA.
• Apply the reasonableness requirement for administrative action to a set of facts.
• Identify the provisions in the PAJA dealing with the rationality requirement for
administrative action.
• Explain the relationship between reasonableness and rationality as grounds of review.
• Analyse and explain the rationality requirement for administrative action in the PAJA.
• Apply the rationality requirement for administrative action to a set of facts.

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TOPIC 5: THE RIGHT TO REASONS

Lecturer: Prof F. Cachalia

Week 10 & 11 (3, 4 & 10 May 2023)

Prescribed Reading
Quinot (2020): Chapter 9 (227-254)
Quinot (2015): Chapters 8 (193-218)

See also: Hoexter & Penfold (2021): 626-657

Koyabe and Others v Minister for Home Affairs and Others (CCT 53/08) [2009] ZACC 23; 2009 (12)
BCLR 1192 (CC) ; 2010 (4) SA 327 (CC) (25 August 2009) esp para 63 (88 paras)

Kiva v Minister of Correctional Services (1453/04, 43/2006) [2006] ZAECHC 34; [2007] 1 BLLR 86
(E); (2007) 28 ILJ 597 (27 July 2006) (43 paras)

Minister of Environmental Affairs and Tourism and Others v Phambili Fisheries (Pty) Ltd and
Another (32/2003, 40/2003) [2003] ZASCA 46; ; [2003] 2 All SA 616 (SCA)

Transnet Ltd. v Goodman Brothers (Pty) Ltd (373/98) [2000] ZASCA 62; 2001 (1) SA 853 (SCA)

Wessels v Minister for Justice and Constitutional Development and Others (594/09) [2009]
ZAGPPHC 81; 2010 (1) SA 128 (GNP)

Judicial Service Commission and Another v Cape Bar Council and Another (818/2011) [2012]
ZASCA 115; 2012 (11) BCLR 1239 (SCA)

Learning Outcomes
After completing this study theme, you should be able to:
• Explain the importance of reasons for effective decision-making.
• Explain the common law position regarding the giving of reasons for administrative action.
• Identify and explain the provision in the Constitution dealing with the right to reasons for
administrative action.
• Identity and explain the right to reasons for administrative action in PAJA.
• Analyse and explain the right to reasons under the principle of legality.

TOPIC 6: PROCEDURAL FAIRNESS AND PROCEDURAL FAIRNESS GROUNDS OF REVIEW

Lecturer: Dr K. Moyo

Weeks 12 & 13 (17, 18, 24 May 2023)

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Prescribed Reading
Quinot (2020): Chapter 7 (171-197)
Quinot (2015): Chapter 6 (145-168)

See also: Hoexter & Penfold (2021): 362-418

Duncan v Minister of Environmental Affairs and Tourism (2/2009) [2009] ZASCA 168; [2010] 2 All
SA 462 (SCA) ; 2010 (6) SA 374 (SCA) (1 December 2009) (25 paras)

Walele v City of Cape Town (supra), especially paras 27-45

Joseph v City of Johannesburg (supra), especially paras 31-47

Administrator of Transvaal and Others v Traub and Others (4/88) [1989] ZASCA 90; [1989] 4 All
SA 924 (AD); 1989 (4) SA 731 (24 August 1989)

National Director of Public Prosecutions v Phillips and Others 2002 (4) SA 60 (W).

Police and Prisons Civil Rights Union v South African Correctional Services Workers' Union and
Others (CCT152/17) [2018] ZACC 24; [2018] 11 BLLR 1035 (CC)

President of the Republic of South Africa v South African Rugby Football Union (supra) (bias)

Esau and Others v Minister of Co-Operative Governance and Traditional Affairs and Others
(611/2020) [2021] ZASCA 9 (28 January 2021) (lockdown regulations procedurally fair)

Sokhela and Others v. MEC for Agriculture and Environmental Affairs (KwaZulu-Natal) and Others
2010 (5) SA 574 (KZP)

Walele v City of Cape Town 2008 (6) SA 129 (CC) para 35

Zondi v MEC for Traditional and Local Government Affairs (CCT 73/03) [2004] ZACC 19; 2005 (3)
SA 589 (CC)

Learning Outcomes
After completing this study theme, you should be able to:
• Explain the general principle of procedural fairness as it was understood and applied at
common law.
• Explain the protection of procedural fairness in the Constitution and PAJA.
• Identify and explain the content and meaning of the two essential elements of procedural
fairness, the right to be heard and the rule against bias.
• Explain the doctrine of legitimate expectations and its application as articulated in case
law.
• Explain the requirements of procedural fairness in respect of administrative action
impacting on the rights of a person.

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 • Explain the requirements of procedural fairness in respect of administrative action
impacting on the public.
• Explain the test for bias as provided in PAJA.

TOPIC 7: JUDICIAL PROCEDURES AND JUDICIAL REMEDIES

Lecturer: Dr K. Moyo

Weeks 13 & 14 (25, 31 May & 1 June 2023):

Prescribed Reading:

Quinot (2020): Chapter 11 (273-291) & Chapter 12 (294-352)

Quinot (2015): Chapters 9 & 10 (219-235, 237-278)

See also: Hoexter & Penfold (2021): 709-834, 837-854

Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the
South African Social Security Agency and Others (CCT 48/13) [2013] ZACC 42; 2014 (1) SA 604 (CC)

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Limited (CCT91/17) [2019] ZACC
15; 2019 (6) BCLR 661 (CC)

Chairperson: Standing Tender Committee and Others v JFE Sapela Electronics (Pty) Ltd and Others
(511/2004) [2005] ZASCA 90; 2008 (2) SA 638 (SCA) ; [2005] 4 All SA 487 (SCA)

Gauteng Gambling Board v Silverstar Development Ltd and Others (80/2004) [2005] ZASCA 19

State Information Technology Agency SOC Limited v Gijima Holdings (Pty) Limited (CCT254/16)
[2017] ZACC 40 (14 November 2017)

Koyabe v Minister of Home Affairs, supra

MEC for Health, Province of Eastern Cape NO and Another v Kirland Investments (Pty) Ltd t/a Eye
& Laser Institute (473/12) [2013] ZASCA 58; 2014 (3) SA 219 (SCA)
MEC for the Department of Welfare v Kate (580/04) [2006] ZASCA 49; 2006 (4) SA 478 (SCA)

Millennium Waste Management (Pty) Ltd. v Chairperson of the Tender Board: Limpopo Province
and Others (31/2007) [2007] ZASCA 165; [2007] SCA 165 (RSA); [2008] 2 All SA 145;

Merafong City Local Municipality v AngloGold Ashanti Limited (CCT106/15) [2016] ZACC 35; 2017
(2) BCLR 182 (CC);

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Trencon Construction (Pty) Ltd v Industrial Development Corporation of South Africa Ltd and
Another (CCT198/14) [2015] ZACC 22; 2015 (5) SA 245 (CC); 2015 (10) BCLR 1199 (CC) (26 June
2015) (101 paras)

Oudekraal Estates (Pty) Ltd v The City of Cape Town and Others (25/08) [2009] ZASCA 85; 2010
(1) SA 333 (SCA)

State Information Technology Agency SOC Limited v Gijima Holdings (Pty) 2018 (2) BCLR 240
(CC); 2018 (2) SA 23 (CC)

Learning Outcomes
After completing this study theme, you should be able to:
• Distinguish judicial review from appeal.
• Explain the purpose of judicial review.
• Explain locus standi in relation to judicial review as provided in the Constitution and PAJA.
• Explain the appropriate procedures for bringing an application for judicial review.
• Explain the timeframe for instituting judicial review proceedings.
• Explain the rule relating to the exhaustion of internal remedies in judicial review
proceedings as provided in PAJA and illustrate its application to a given set of facts.
• Identify and explain the different types of remedies that are available in judicial review
proceedings.

9. Your Success and Well-Being

ROAD TO SUCCESS PROGRAMME:

The Road to Success Programme, or RSP is the Faculty of Commerce, Law, and Management’s
student success and support programme. It provides non-academic support to first-year through
fourth-year students in the faculty. The RSP aims to guide CLM students on their path to personal
and academic success from registration to graduation. This is achieved through an integrated
network of group tutorials and one-on-one consultations with RSP Advisors. The RSP aims to help
students succeed by helping them take responsibility for their own success, and can assist with:
• the development of excellence skills (e.g. time management, study skills for university,
note taking, and reflective practice);
• personal problems and concerns;
• food and clothing provisions;
• funding applications;
• academic advising.

RSP Coordinators:
Name: Tshepiso Maleswena
Office: CLM Building, Room 50
Email address: Tshepiso.Maleswena@Wits.ac.za
Office phone: (011)-717 8138

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Advisors:
Name: Aneshree Nayager
Office: CLM Building, Room 52
Email address: Aneshree.Nayager@wits.ac.za
Name: Mbongeni Shungube
Office: CLM Building, Room 50
Email address: Mbongeni.Shungube@wits.ac.za
Name: Siyasamkela Jinoyi
Office: CLM Building, Room 49
Email address: siyasamkela.jinoyi@wits.ac.za

COUNSELLING & CAREER DEVELOPMENT UNIT (CCDU):

Based on an ethos of student-centeredness, the CCDU is staffed by a small but dedicated team of
professionals inclusive of psychologists, social workers, careers educators, life coaches and
administrators who offer a variety of supportive and empowering services to the student
community.

The following services are available through the Counselling & Careers Development Unit:
• Career Services - career development through career counselling/education, psychometric
career assessments and personal development workshops.
• Therapy Services - one-on-one counselling and/or group therapy, trauma debriefing and
psycho-education in the form of workshops and talks.
• HIV/AIDS Education and Support Services - holistic interventions and programmes for
students affected and infected by HIV/AIDS.
• Learn for Life - is a structured programme that provides psychosocial learning and life skills
development for students through the facilitation of group processes, presentations,
workshops and trainings.
• Graduate Recruitment - A programme that facilitates contact between students and
prospective employers through the organisation of career exhibitions, company
presentations, and foyer interviews.

Emergency & After Hours contacts:

• LifeLine (24 hours) 011 728 1347 or 0861 322 322
• South African Depression and Anxiety Group (SADAG) (08h00-20h00)
o SADAG Helpline: 0800 12 13 14 or SMS 32312
o SADAG Suicide Crisis Line 800 567 567 or SMS 31393
• Akeso Psychiatric Response Unit (24 Hour) 0861 435 7

STUDENT ELEARNING ADVISOR SUPPORT FOR USING ULWAZI AND TURNITIN

If you need assistance with anything related to Ulwazi for learning or online assessments, please
contact Phumzile Shongwe at the CLM Teaching and Learning Centre. She can assist with:

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• how to log into Ulwazi
• how to find and download course material in Ulwazi
• how to submit online assignments to Ulwazi
• how to view Turnitin reports
• how to take online quizzes
• how to view grades
• how to use Microsoft Teams
• and more
Email: COLTStudentSupport@wits.ac.za

WITS SCHOOL OF LAW WRITING CENTRE

Wits School of Law has its own writing centre, staffed by two academics (Dr Mkhululi Nyathi and
Dr Jean Moore) and a group of peer writing consultants (senior LLB or LLM students who are
trained to assist with legal and academic writing). The writing centre, and writing centre offices,
are on the ground floor of the Law building, between the library and the administrative block.
Writing Centre staff are mandated to assist with writing matters only – such as structure,
development of argument, coherence, style, language, understanding plagiarism, and
referencing. They will not advise on content.

Tips for the most productive use of the writing centre:

• Contact us early on in your research and writing process: We can only really help if you
leave yourself enough time to apply the feedback we give you. We are not able to assist
just before submission deadlines.
• Send us a draft of your work before your consultation, so that we are able to read it before
we meet with you.
• We do not edit your work or footnotes for you – that is your job. If you struggle with either
of these areas, though, speak to us early and we will help you to develop these skills for
yourself.
• We can help you to understand what plagiarism means and point out any glaring
examples, but you are solely responsible for ensuring that there is no plagiarism in your
work.

How to book a session at the writing centre:

• All bookings for appointments to see a peer writing consultant are made through our
booking engine: witslawwritingcentre.youcanbook.me. (NB: this link will only go live on
Friday the 3rd of March 2023, once the consultation schedule is finalised). The consultation
schedule will be sent to all Law students, via your student email.

• Bookings need to be made at least 24 hours in advance. Choose the day and time that
suits you, and fill in your details. You can choose whether to meet in person or online. If
you select an online consultation, a consultant will contact you to set up the online

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 meeting. For in-person consultations, please just arrive at the Writing Centre a few
minutes before your scheduled appointment.

If you subsequently realise that you cannot attend the consultation at that time, please ensure
that you cancel your appointment, so that another student can use that time instead.

If you experience any problems with the booking engine, please email Dr Jean Moore
(jean.moore@wits.ac.za).

The writing centre will be open for consultations from Monday 6 March 2023. Please note that
writing consultants are only available during term time and not during the breaks between blocks.
If you require urgent writing assistance during the breaks, you may email Dr Nyathi
(mkhululi.nyathi@wits.ac.za) or Dr Moore (email above).

Research students (fourth year research essay; LLM research report; LLM dissertation; and PhD)
generally consult with one of the academic staff members at the writing centre, Dr Nyathi or Dr
Moore. This must be done with the agreement of your supervisor. Research consultation requests
should be sent via email, not through the booking engine.

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