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Question 1

What is administrative law?

Answer 1

It is the branch of law that governs the public administration and regulates administrative procedures by administrators.

Question 2

What are the two types of administrative law?

Answer 2

General administrative law and particular administrative law.

Question 3

What does general administrative law do?

Answer 3

Sets out rules that all organs of state must follow when making decisions and provides remedies for those affected.

Question 4

What is the purpose of particular administrative law?

Answer 4

Governs specific areas like issuing passports, under laws like the Passports Act.

Question 5

What is the purpose of PAJA?

Answer 5

It provides general rules for how administrators must exercise their powers—focusing on lawfulness, fairness, and reasonableness.

Question 6

How does administrative law differ from constitutional law?

Answer 6

Administrative law focuses on day-to-day administrative action, while constitutional law deals with the structure of government and distribution of power.

Question 7

What are the sources of administrative law?

Answer 7

The Constitution, original and delegated legislation, policies and standards, prerogative powers, common law, African customary law, and estoppel.

Question 8

What case stated that judicial review is now based on the Constitution, not just the common law?

Answer 8

Pharmaceutical Manufacturers Association of SA v President of RSA.

Question 9

What are the three key rights under Section 33 of the Constitution?

Answer 9

1. Right to lawful, reasonable and procedurally fair administrative action. 2. Right to written reasons. 3. Right to legislation giving effect to these rights (PAJA).

Question 10

What does PAJA require from administrators?

Answer 10

To act lawfully, reasonably, follow fair procedures, provide reasons, and inform people of their rights.

Question 11

What does Section 3 of PAJA cover?

Answer 11

Procedurally fair administrative action affecting any person.

Question 12

What does Section 4 of PAJA cover?

Answer 12

Procedurally fair administrative action affecting the public.

Question 13

What does Section 5 of PAJA cover?

Answer 13

Right to request written reasons for administrative action.

Question 14

What does Section 6 of PAJA cover?

Answer 14

Judicial review of administrative action.

Question 15

What does Section 7 of PAJA cover?

Answer 15

Procedure for judicial review.

Question 16

What does Section 8 of PAJA cover?

Answer 16

Remedies in proceedings for judicial review.

Question 17

What does Section 9 of PAJA cover?

Answer 17

Extension of time limits.

Question 18

What does Section 10 of PAJA cover?

Answer 18

Regulations, including procedures and codes of conduct.

Question 19

What does ‘Batho Pele’ mean and what is its significance?

Answer 19

‘People First’ – it is a framework guiding the public service to improve service delivery.

Question 20

List the Batho Pele Principles.

Answer 20

Consultation, Service standards, Redress, Access, Courtesy, Information, Transparency, Value for money.

Question 21

How does PAJA advance Batho Pele principles?

Answer 21

By promoting fairness, accountability, transparency, and service standards in public administration.

Question 22

What constitutes administrative action under PAJA?

Answer 22

A decision of administrative nature made under legislation that adversely affects rights and has a direct, external legal effect, and is not excluded by PAJA.

Question 23

What are the seven elements of administrative action per Minister of Defence v Motau?

Answer 23

1. Decision of administrative nature
2. By organ of state or natural/juristic person
3. Exercising public power/function
4. Under legislation/empowering provision
5. Adversely affects rights
6. Direct, external legal effect
7. 7. Not excluded by PAJA.

Question 24

What types of actions are excluded from the definition of administrative action under PAJA?

Answer 24

Executive, legislative, and judicial decisions; matters relating to prosecution or international relations.

Question 25

What is an empowering provision?

Answer 25

A law or rule that gives an administrator the authority to act, e.g., a section in a statute like the Social Assistance Act.

Question 26

Why are standards necessary in applying vague empowering provisions?

Answer 26

They ensure decisions are relevant, fair, and reasonable.

Question 27

List some grounds for judicial review under PAJA Section 6.

Answer 27

Unauthorised action, improper purpose, bad faith, irrationality, procedural unfairness, failure to comply with empowering provision.

Question 28

What does the Rule of Law entail in administrative law?

Answer 28

Absence of arbitrary power, equality before the law, and respect for individual liberties.

Question 29

What is the principle of separation of powers?

Answer 29

It ensures functional independence between branches of government and provides checks and balances.

Question 30

What does Section 2 of the Constitution state?

Answer 30

The Constitution is the supreme law and any law or conduct inconsistent with it is invalid.

Question 31

What does Section 7(2) of the Constitution require?

Answer 31

The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

Question 32

What is an organ of state according to Section 239 of the Constitution?

Answer 32

Any department of state or institution exercising power or performing function under the Constitution or legislation.

Question 33

What principle was established in Bato Star Fishing v Minister of Environmental Affairs?

Answer 33

That there is only one system of administrative law grounded in the Constitution.

Question 34

What was held in Vumazonke v MEC for Social Development?

Answer 34

That maladministration in processing disability grants infringes rights to just administrative action.

Question 35

Why is Pharmaceutical Manufacturers Association v President of RSA important?

Answer 35

It confirmed that judicial review is a constitutional matter, not just common law.

Question 36

What values must public administration uphold under Section 195?

Answer 36

Accountability, transparency, participation in policymaking, fairness, and efficient resource use.

Question 37

What is the main purpose of administrative law?

Answer 37

To ensure administrative efficiency while tightly controlling public power to avoid human rights abuse.

Question 38

What are the three core principles of administrative legality?

Answer 38

Lawfulness, reasonableness, and procedural fairness.

Question 39

What is the principle of legality?

Answer 39

All exercises of public power must have a legal basis, be rational, and comply with the Constitution.

Question 40

How is discretion regulated in administrative law?

Answer 40

Discretion must be exercised within legal boundaries and in a rational, non-arbitrary manner.

Question 41

What is fettering of discretion?

Answer 41

An administrator unlawfully limits their discretion by rigidly adhering to a policy without considering the merits.

Question 42

What is vagueness in administrative action?

Answer 42

When a law or standard is too vague for a person to reasonably understand or comply with it.

Question 43

What did Chaskalson P say in the Pharmaceutical case about common law and the Constitution?

Answer 43

That common law review principles are now subsumed under and derive their force from the Constitution.

Question 44

Can private bodies be bound by administrative law?

Answer 44

Yes, if they exercise public functions or powers (Datafin principle).

Question 45

What did the court hold in Chirwa v Transnet?

Answer 45

Disputes relating to employment relationships should be dealt with under labour law, not administrative law.

Question 46

What principle was reinforced in Rail Commuters Action Group v Transnet?

Answer 46

Public power must be exercised in accordance with the Constitution and PAJA where applicable.

Question 47

What did the court rule in New Clicks?

Answer 47

Regulations can amount to administrative action and are reviewable under PAJA.

Question 48

Why is the Motau case significant?

Answer 48

It clarified the 7 elements required for conduct to qualify as administrative action under PAJA.

Question 49

What are the elements of procedural fairness under PAJA?

Answer 49

Notice of intended action, opportunity to make representations, unbiased decision-maker.

Question 50

What determines if someone is entitled to procedural fairness?

Answer 50

Whether their rights or legitimate expectations are affected by the action.

Question 51

What does development-oriented administration mean under Section 195?

Answer 51

Administration must aim to improve the lives of people and meet their needs.

Question 52

When does the principle of legality apply instead of PAJA?

Answer 52

When the conduct does not qualify as administrative action under PAJA but still involves public power.

Question 53

What are possible remedies a court may grant under PAJA?

Answer 53

Setting aside the decision, substituting a new decision, remitting the matter back, declaring rights, or granting interdicts.

Question 54

What is a legitimate expectation?

Answer 54

An expectation of a benefit, privilege, or procedure that is reasonable and induced by conduct of an administrator.

Question 55

Who may bring a case under Section 38 of the Constitution?

Answer 55

Anyone acting in their own interest, on behalf of another, in public interest, or as a member of a group.

Question 56

When does the Bill of Rights bind private actors?

Answer 56

When the nature of the right and duty imposed makes it applicable (Section 8(2) Constitution).