STUDY UNIT 5

Question 1

NEMO IUDEX IN SUA CAUSE RULE:

Answer 1

is a rule against bias, determines that the author of the act may not be biased and “no one should be a judge in their own cause.”

Question 2

WHEN ARE THE REQUIREMENTS OF S3 TRIGGERED?

Answer 2

an administrative action affecting any person.

Question 3

WHEN ARE THE REQUIREMENTS OF S4 TRIGGERED?

Answer 3

an administrative action affecting the public

Question 4

WHAT IS PROCEDURAL FAIRNESS?

Answer 4

procedural fairness is concerned with the procedures used by the decision-maker, rather than the actual outcome reached.

Question 5

THERE ARE TWO PARTS TO THE IDEA OF PROCEDURAL FAIRNESS:

Answer 5

1. Consultation
2. Bias

Question 6

THE FIVE STEPS UNDER SECTION 3:

Answer 6

1. Adequate notice of the nature and purpose of the administrative action
2. Reasonable opportunity to make representations
3. Clear statement of the administrative action
4. Adequate notice of any right of review or internal appeals
5. Adequate notice of the right to request reasons.

Question 7

1. ADEQUATE NOTICE OF THE NATURE AND PURPOSE OF THE ADMINISTRATIVE ACTION- SECTION 3(2)(b)(i):

Answer 7

-an affected person must be informed that an administrative action being planned.
-must be given enough time to respond to the planned administrative action
-the need to know of the nature of the action and the purpose
-48 hours is not reasonable notice.

Question 8

2. REASONABLE OPPORTUNITIES TO MAKE REPRESENTATIONS- SECTION 3(2)(b)(ii):

Answer 8

should be given reasonable time to make representations to the administrator who will take the decision.

Question 9

3. CLEAR STATEMENT OF THE ADMINISTRATIVE ACTION- SECTION3(2)(b)(iii):

Answer 9

a person affected by the administrative action must be able to understand what has been decided.

Question 10

4. ADEQUATE NOTICE OF ANY RIGHT OF REVIEW OR INTERNAL APPEALS- section 3(2)(b)(iv):

Answer 10

-the administrator must tell the person about the remedies without waiting for the person to ask.
the administrator must:
-to whom the internal appeal can be made, provide
-the time-limits for making the internal appeal,
-the forms and procedures for making the internal appeal, and
-the existence of a right to judicial review of an administrative action in terms of PAJA.

Question 11

5. ADEQUATE NOTICE OF THE RIGHT TO REQUEST REASONS-SECTION 3(2)(b)(v):

Answer 11

-people affected by the administrative action must be told that they have the right to request reasons for the decision

Question 12

FIVE PROCEDURE CHOICES UNDER SECTION 4

Answer 12

1. Public Inquiry procedure
2. Notice and comment procedure
3. Public inquiry and notice and comment procedure
4. fair but different procedure
5. any procedure that can give effect to s3

Question 13

PUBLIC INQUIRY PROCEDURE WILL BE MOST APPROPRIATE WHERE:

Answer 13

the decision affects a particular geographical area or stakeholders

Question 14

NOTICE AND COMMENT PROCEDURE WILL BE MOST APPROPRIATE WHERE:

Answer 14

the decision affects a very large number of people or the whole country.