Lawfulness part 2

Question 1

ACDP held that regarding procedural jus facts. the court must assess whether the actions of the applicant constituted compliance with the statutory provisions viewed in light of their purpose

Answer 1

False
- Allpay held this

Question 2

We must take a purposive approach to Procedural juris facts

Answer 2

True
- ACDP

Question 3

According to the case of Pepcor, review of non-juris mistake of fact, will succeed on:
1. In public interest
2. If theres potential prejudice to party whose favour the decision has been made.

Answer 3

True

Question 4

A non-juris mistake of fact must be uncontentious and objectively variable

Answer 4

True
- Dumani case

Question 5

The threshold for non-jurisdictional mistakes of fact is : objectively varifiable

Answer 5

True

Question 6

“Abuse of discretion” is closely linked to reasonableness and rationality

Answer 6

True

Question 6

Courts decide on the correct interpretation of the law.

Answer 6

True
-Standard of correctness

Question 7

“abuse of discretion” engages a courts power to interpret and define the ambit of authority conferred on administrators by provisions.

Answer 7

False
- This is authority + jurisdiction.
- AOD is about the constraints that the law imposes in the exercise of discretion.

Question 8

UCT held that decisions can be set aside even if the purposes are partly legitimate and partly ulterior

Answer 8

True ?? - i think? idk

Question 9

Dishonest conduct is not a ground of review anymore

Answer 9

False.
- Bad faith is reviewable in terms of PAJA

Question 10

PAJA and the Common law provide that administrators cannot simply decline to act/decide

Answer 10

True
- Both CL and PAJA

Question 11

In Offit, the court held that the ground “failure to take a decision” refers to a decision that the administrator is under an obligation to make.

Answer 11

True
- doesnt apply simply to indecisiveness.
- does not concern itself with policy considerations.

Question 12

An action can be set aside, under PAJA and S33, if an action was taken because of the consideration of relevant and irrelevant considerations.

Answer 12

False
- Must be set aside under the specific empowering provision
- If no empowering provision, courts seek to decide which considerations are relevant. (Concern : this can be subjective)

Question 13

Under common law, dishonesty is a ground of review

Answer 13

False
- Controversial under Common law

Question 14

Fettering is when the decision-maker limits their own discretion

Answer 14

True

Question 15

Fetting is clearly included in PAJA

Answer 15

False
- Rely on catch- all provision

Question 16

Kemp held that officials cannot exercise a discretion in accordance with an existing policy

Answer 16

False
- Officials can but must be independently satisfied that the policy is appropriate to the specific circumstances.

Question 17

Administrators are able to make a decision and it will then be binding rules.

Answer 17

False
- Kemp: DMs must not turn policies/principles into binding rules because then there would be no room for discretion.

Question 18

It is permissible for decision makers to adopt + apply general criteria evenly to applications where there is a large number of applicants.

Answer 18

True
- Bato Star
- Based on values of fairness + consistency

Question 19

The incompatibility test is relied on when assessing whether there has been fettering by contract

Answer 19

True
- “Is the purpose of the contractual undertaking compatible with the purpose of discretion/power it fetters?”
- only incompatible contracts = void

Question 20

The current view of “fetting by other promises and assurances” is that administrators may not stipulate in advance that they will act a certain way, as this fetters their future freedom of action.

Answer 20

False
- This is the orthodox view

Question 21

Arbitary/capricious decision making is, in other words, “terrible decision-making”

Answer 21

True

Question 22

In SARIPA, the court held that rationality speaks to the connection between the purpose and means + to juristification

Answer 22

False.
- Rationality only speaks to the connection between the purpose and means and NOT justification.

Question 23

According to SARIPA, arbitrariness is concerned with justification

Answer 23

True
- Concerned with justification and is established by the absence of reasons or reasons which do not justify the action taken.