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AUTHORITY Flashcards

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1
Q

What must an administrator have to perform an administrative act?

A

Authority

An administrator must have the legal power granted by law to perform their duties.

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2
Q

What principle constrains the Legislature and Executive in their functions?

A

They may exercise no power beyond that conferred upon them by law

This principle is central to the constitutional order as established in case law.

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3
Q

What was the outcome of the case involving the establishment of a transit camp for flood victims in Alexandra?

A

The court held that the government’s decision was lawful

This was despite arguments that the government was not acting under any legislation.

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4
Q

What must administrators be when taking decisions?

A

Properly appointed, qualified, and constituted

This ensures that they comply with empowering sources and procedures.

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5
Q

What was the ruling in the Seven-Eleven Corporation SA v Simelane case?

A

The court set aside the decision because the Competition Commissioner was not present at the meeting

The legislation required the presence of the Commissioner for valid decision-making.

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6
Q

Under what conditions can administrative action be reviewed according to the PAJA?

A

If the administrator was not authorized by the empowering provision or if the action itself is not authorized

Refer to sections 6 (2) (a) (i) and 6 (2) (f) (i) of the PAJA.

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7
Q

What authority did the Minister of Home Affairs lack in the Watchenuka case?

A

The authority to impose prohibitions on employment and study for asylum seekers

The court found that the regulations did not grant such powers.

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8
Q

What did the court rule regarding the Port Nolloth Municipality’s attempt to deport an entire community?

A

There was no authority for the mass deportation

The court found no common law or statutory basis for such action.

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9
Q

What was the conclusion of the Rangani case regarding the suspension of disability pensions?

A

The court held that the respondent lacked the right to suspend payments

This was based on the Social Pensions Act and its regulations.

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10
Q

What power did the Head of Department have in the Hoerskool Ermelo case?

A

The power to withdraw the policy-deciding function of the school’s governing body

The court ruled this was valid under certain circumstances.

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11
Q

What is unlawful abdication of power?

A

When power given to one administrator is exercised by an unauthorized person or body

This can occur through unlawful delegation, dictation, or referral.

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12
Q

What is unlawful delegation according to PAJA?

A

Administrative action may be reviewed if it was taken under unauthorized delegation of power

Refer to section 6 (2) (a) (ii) of the PAJA.

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13
Q

What factors do courts consider for implied authority to subdelegate power?

A
  • Nature of the power
  • Extent of power transferred
  • Importance of the original delegee
  • Practical necessity

These factors help determine if subdelegation is permissible.

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14
Q

What was the ruling in the Aluchem case regarding the subdelegation of power?

A

The court found the power to impose conditions for coal sales could not be subdelegated

This was due to the significant nature of the power involved.

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15
Q

What did the court decide in the Minister of Health v New Clicks case regarding the delegation of power?

A

The regulation constituted an unauthorized delegation of power

The court noted the broad discretion given to the Director-General was not properly authorized.

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16
Q

What is unlawful dictation?

A

When an administrator acts upon the instructions of another unauthorized official

This is addressed in section 6 (2) (e)(iv) of the PAJA.

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17
Q

What was the conclusion of the Hofmeyr case concerning the head of the prison’s discretion?

A

The head of the prison abdicated discretion to the security police

This led to the court ruling that the decision was unlawful.

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18
Q

What does unlawful referral refer to?

A

An administrator cannot avoid decision-making by referring it to someone else

This concept can be covered under various grounds of review in the PAJA.

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19
Q

What was the court’s finding in Mathipa v Vista University regarding the appointment of the campus director?

A

The University Council merely rubber-stamped the selection committee’s decision

This lack of independent discretion led to the appointment being set aside.

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20
Q

What did the court rule in the Lissoos case about the decision-making process?

A

The board made the final decision after consulting another body, so the buck was not passed

This indicates compliance with decision-making authority.

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21
Q

What was the key decision made by the Supplies Control Board in 1943?

A

The relevant board made the final decision itself and sought advice from another body without passing the responsibility.

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22
Q

What role did the Deputy Director-General (DDG) play in the Minister of Environmental Affairs and Tourism v Scenematic Fourteen case?

A

The DDG decided on applications for fishing rights and appointed an advisory committee to assist with evaluations.

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23
Q

What was the court’s finding regarding the DDG’s discretionary power in the Scenematic case?

A

The DDG had not abdicated his discretionary power to the advisory committee.

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24
Q

Under what doctrine cannot an administrator retract or change a final decision?

A

The functus officio doctrine.

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25
What exceptions to the functus officio doctrine allow for varying or revoking decisions?
Exceptions include: * Legislative administrative acts * Revocation or variation expressly authorized * Decisions that are not final
26
In Retail Motor Industry Organisation v Minister of Water & Environmental Affairs, what did the SCA conclude about the minister's power?
The SCA concluded that the approved plan was an instrument of subordinate legislation, allowing the minister to withdraw it.
27
What did the court find regarding the Superintendent-General's decisions in MEC for Health, Eastern Cape v Kirland Investments?
The decisions were never communicated and thus the acting Superintendent-General was not functus officio.
28
What was the decision outcome regarding the SCRA's authority in Mohamed v Minister of Home Affairs?
The court found that the SCRA was not functus officio because its decision was not communicated to the appellant.
29
What is required for an administrator to revoke or vary a valid administrative act?
Statutory authorization and informed consent of the affected parties.
30
What can an administrator do if a decision was taken without jurisdiction or as a result of fraud?
An administrator can revoke or vary such a decision.
31
What constitutes an abuse of discretion in administrative actions?
Exercising powers for unauthorized purposes.
32
What is the legal definition of bad faith (mala fides) in administrative actions?
Fraud or dishonesty in the use of power for prohibited ends.
33
What was the court's finding in Hart v Van Niekerk regarding the Springs Town Council's decision?
The council's decision was made in bad faith to circumvent a law and was set aside.
34
What does Section 6 (2) (e) (v) of the PAJA provide for?
Review of administrative action taken in bad faith.
35
What must an administrator do when required to exercise discretionary power?
They cannot fail to decide the matter or refuse to do so.
36
What was the outcome in Laerskool Gaffie Maree regarding the Head of the Department's appointment decision?
The court ordered the Head of Department to make a decision within ten days.
37
What happens if a decision appears to be made but is not properly considered?
It may still be subject to review for failure to apply the mind.
38
What was the main issue in Littlewood v Minister of Home Affairs?
The applicants discovered their permanent residence permits were invalid and faced deportation under the Aliens Control Act.
39
What power does Section 28 of the Aliens Control Act grant to the Minister?
It empowers the Minister to grant an exemption from the provisions of the Act if special circumstances justify it.
40
What was the court's finding regarding the Minister's decision in Littlewood v Minister of Home Affairs?
The court held that the Minister failed to exercise discretion and did not consider the applicants’ explanation.
41
What are the two parts of Section 6(3) of the PAJA?
* S 6(3)(a): Administrator has a duty to make a decision without a law prescribing a time period. * S 6(3)(b): Administrator has a duty to make a decision with a law prescribing a time period.
42
What was the outcome of Noupoort Christian Care Centre v Minister of National Department of Social Development?
The court ordered the Director-General to decide on the application for permanent registration within one month.
43
What must the exercise of discretionary power be based on?
Relevant factors, not irrelevant considerations.
44
What did the court determine in Applicant v Administrator, Transvaal regarding the drug application?
The administrator failed to consider relevant factors, leading to the decision being set aside.
45
What was the flaw in Eskom's decision to award a tender to Kwanda?
Eskom based the tender award on the financial position of a third party, not Kwanda's own financial resources.
46
Define 'fettering' in the context of administrative discretion.
Fettering is where an administrator limits the exercise of discretion by adhering rigidly to policies.
47
What was the ruling in Richardson v Administrator, Transvaal regarding the school policy?
The court set aside the order due to the rigid application of a policy without considering the case's merits.
48
What did the court find in Morelettasentrum (Edms) Bpk v Die Drankraad regarding the bottlestore licence?
The decision was set aside because the Liquor Board applied a policy without considering the specific circumstances.
49
What was the administrative decision in Kemp NO v Van Wyk regarding the importation of animals?
The permit was refused due to an existing embargo, but the court found the decision-maker evaluated the application properly.
50
What does Section 6(2)(e)(vi) of the PAJA address?
It provides for the review of administrative action if the action was taken arbitrarily or capriciously.
51
What was the court's conclusion in Livestock & Meat Industry Control Board v Robert S Williams?
The refusal to grant the registration certificate was found to be arbitrary and therefore set aside.
52
What was the issue in Mbonani v Minister of Correctional Services regarding the parole decision?
The delay in release was deemed capricious and arbitrary due to lack of evidence about the victim mediation program.
53
What is required for administrative action to be valid according to the PAJA?
It must be clear and intelligible, not vague or confusing.
54
What did the court determine in Minister of Health v New Clicks South Africa regarding vagueness?
Vagueness in regulations is reviewable under Section 6(2)(i) of the PAJA.
55
What is the common law approach to errors of law in administrative decisions?
Errors of law are only reviewable if they prevent an administrator from properly exercising discretion.
56
What does Section 6(2)(d) of the PAJA state about errors of law?
It allows for the review of administrative action if it was materially influenced by an error of law.
57
What does Section 6 (2) (d) of the PAJA provide for?
Judicial review of administrative action if the action was ‘materially influenced by an error of law’.
58
In Bulk Deals Six CC v Chairperson, Western Cape Liquor Board, what was one ground for challenging the Liquor Board's decision?
The action of the board was materially influenced by an error of law.
59
What does the Liquor Act 27 of 1989 require the Liquor Board to consider when deciding applications?
Factors including the ‘public interest’.
60
In Afriforum NPC v Minister of Tourism, what criteria did the Minister use for grants from the Covid relief Fund?
Preference was given to enterprises with the highest scores based on B-BBEE status level.
61
What did the SCA find regarding the Minister's belief about the B-BBEE Act in Afriforum NPC v Minister of Tourism?
The Minister erroneously believed she was bound by s 10(1)(e) of the B-BBEE Act.
62
True or False: Mistake of fact is expressly mentioned in PAJA as a ground of review.
False.
63
What did the court establish in Pepcor Retirement Fund v Financial Services Board regarding material mistakes of fact?
A material mistake of fact should be a basis for reviewing an administrative decision.
64
What is required for a decision to be made properly by an administrator?
The decision should be made on material facts available.
65
What was the outcome of Employees Pension Fund and Another v Buitendag regarding a gratuity award?
The decision to award the gratuity was set aside on review.
66
What was the reason for the review in Hangklip Environmental Action Group v MEC for Agriculture?
Material mistake of fact regarding land zoning.
67
What are jurisdictional facts?
Conditions that must exist prior to the exercise of power and procedures to be followed.
68
What does Section 6 (2) (b) of the PAJA state regarding administrative action?
It may be reviewed where a mandatory or material procedure was not complied with.
69
In Paola v Jeeva NO, what was the missing jurisdictional fact?
The local authority did not have a building control officer.
70
What was the main issue in Sea Front for All v MEC, Environmental and Development Planning?
Failure to consider required reports before granting environmental authorisation.
71
What did Allpay Consolidated Investment Holdings (Pty) Ltd v Chief Executive Officer state about compliance with procedures?
Compliance should not be judged formalistically but based on achieving the purpose of the provision.
72
In African Christian Democratic Party v Electoral Commission, what was the court's consideration regarding statutory compliance?
Whether the actions constituted compliance with the statutory provisions viewed in light of their purpose.
73
What does a material error of fact allow a reviewing court to do?
Review an administrative decision, even if not listed in PAJA.
74
Fill in the blank: The court found that the decision maker failed to consider reports of alternative proposed activities as required by the ______.
Environment Conservation Act.
75
What does the term 'jurisdictional facts' refer to?
Conditions that must exist prior to exercising administrative power.
76
True or False: The existence of jurisdictional facts is not necessary for the exercise of power.
False.
77
What did Rhodium apply for regarding its prospecting right?
Conversion of its 'old order prospecting right' to one in terms of item 6 of Schedule 2 of the Mineral and Petroleum Resources Development Act 28 of 2002.
78
What was the appellant's basis for seeking a review in the High Court?
Rhodium's application for conversion was lodged in Mpumalanga instead of the appropriate region, Limpopo.
79
What did the appellant argue regarding the provisions of the Act?
The provisions are peremptory, and Rhodium’s failure to comply was fatal.
80
What role does the regional office serve in the application process?
It serves as a post-box for receipt of the application and accompanying information.
81
What are substantive jurisdictional facts?
Facts that must have existed before statutory power could validly be exercised.
82
What are the two broad categories of jurisdictional facts?
* Objective facts that must exist for valid power exercise * Subjective facts determined by the repository of power.
83
In South African Defence and Aid Fund v Minister of Justice, what is a jurisdictional fact?
A fact that must exist objectively for statutory power to be exercised.
84
What distinguishes 'reasonable cause to believe' from merely thinking one has reasonable cause?
Having reasonable cause to believe requires objective substantiation.
85
What did the court find regarding 'has reason to believe' in Minister of Law and Order v Hurley?
The decision must be capable of objective substantiation.
86
What requirement did the legislation impose before issuing a warrant in Kabinet van die Tussentydse Regering vir Suidwes-Afrika v Katofa?
The Administrator-General must be 'satisfied' that the person committed or attempted violence.
87
What did the court hold regarding the Administrator-General's satisfaction?
Objective reasonable grounds must exist to cause the Administrator-General to be satisfied.
88
In Minister of Law and Order v Dempsey, what was the significance of the member's 'opinion'?
The correctness of the opinion could not be questioned once formed.
89
What did La Grange v Boksburgse Stadsraad determine regarding the mayor's satisfaction?
The existence of a vacancy must be determined by actual facts, not the mayor's subjective conclusion.
90
How does the Constitution impact subjectively phrased clauses?
Courts can investigate the rationality of an opinion or belief irrespective of the wording.
91
What did Walele v City of Cape Town establish regarding decision-makers' opinions?
Decision-makers must show their subjective opinions are based on reasonable grounds.

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