THE PRINCIPLE OF LEGALITY

Question 1

APPLIES:

Answer 1

Applies where PAJA does not apply.

Question 2

IT ENSURES:

Answer 2

it ensures that state actions are lawful, rational, and justifiable.

Question 3

THE PRINCIPLE OF LEGALITY IS A:

Answer 3

the principle of legality is a critical element of the rule of law that prescribes that public power should be exercised in accordance with the law.

Question 4

ELEMENTS OF THE PRINCIPLE OF LEGALITY AND CASE LAW:

Answer 4

1. ULTRA VIRES:
   -administrators cannot act beyond the scope of their power {Fedsure case}
2. GOOD FAITH AND INTERPRET POWERS CORRECTLY:
   -decision-makers must act in good faith and interpret powers correctly {SAFRU case}
3. RATIONALITY AND ARBITRARINESS:
   -there should be a rational connection between the power conferred upon you (administrator) and the decision taken
   -administrators must not be arbitrary.
4. PROCEDURAL FAIRNESS is an element that administrators must comply with {Albutt case}