1. Public Law

2. Administrative Law Define administration
Discuss administrative law under the previous and new constitutional dispensations
Distinguish between the different sources of administrative law
Discuss public administration
Discuss lawful, reasonable and procedurally fair administration action
Explain administrative justice in the constitutional sphere
Understand state liability

3. What is Administrative Law?
Administrative law is defined as the body of law developed to control and administer agency’s powers, limitations and procedures.
Administrative law is that section of public law which governs the organization, powers and actions of the state administration (Wiechers)

4. What is excluded from Administrative Law?
Powers and functions of the national, provincial and local executive.
Legislative functions of parliament, provincial legislatures and municipal councils
Judicial functions of a judicial officer of a court
Decisions under the Promotion of Access to Information Act 2 of 2000

5. So what exactly is it?
Administrative law forms part of public law in that the relationship between public administration and the individual is based on state authority or the exercise of public power
The execution and performance of the functions and the duties of public administration are governed by the principles of administrative law

6. Administrative Law pre & post 1994
Old Regime
New Regime
Common law remedies
Approach the administration or judicial review
Constitutional right to just administrative action
Judicial review

7. Sources of Administrative Law
The Constitution
Original & Delegated Legislation
Prerogative Powers
Common Law
African Customary Law
Estoppel
International Law
Foreign Law

8. Constitution Most significant source of administrative law
SA has a system of constitutional sovereignty
Section 2 – any law inconsistent with the Constitution is invalid

9. Original & Delegated Legislation
Legislation is easy to enact, amend & repeal
Readily accessible & knowable
Almost all administrative power has a legislative source

10. Prerogative Powers
Was a source inherited from English law where certain powers vest in the Crown
Most important prerogatives in SA are power to issue passports, conclude State contracts & appoint Commissions of Enquiry
No longer common law prerogative powers in SA
Section 84(1) of Constitution gives President powers necessary to perform functions

11. Common Law
Generally administrative law influenced by Roman-Dutch and English common law
Common law presumptions no longer of significant value as mostly codified in the Constitution and other legislation

12. African Customary Law Can custom create administrative authority?
Prevailing opinion is that officials may not acquire power by usage as this is contrary to the principle of constitutional legality

13. Estoppel Balancing of public and private interests through estoppel
If citizen relies on representation of an official which turns out to be false the citizen may be prejudiced unless official is held to their representation

14. International Law
There are a number of international conventions dealing in human rights
UN Charter
Universal Declaration of Human Rights
Etc …

15. Foreign Law
Section 39(1) of Constitution allows courts to consider foreign law
Opens way for influence of foreign jurisprudence on human rights

16. What is “the Administration”?
Includes the administration of any sphere of government
Organs of State
Public Enterprises
Is generally understood to mean government departments, officials, administrators, institutions and functionaries involved in the day to day running of the state

17. Fair administrative action
Section 33 of the Constitution – gives right to administrative action that is lawful, reasonable and procedurally fair
Lawfulness – must be duly authorised by law & any statutory conditions complied with
Section 1 of the Constitution – supremacy of the Constitution & rule of law – therefore exercise of public power or function that does not constitute an administrative power is still reviewable

18. Principle of Legality
Exercise of all public powers must be authorised by law & exercised in accordance with that law
Must not be arbitrary or irrational
Decision maker must act in good faith & not misconstrue powers

19. Reasonableness
Reasonable administrative action is rational & proportional
Rationality
Decision must be supported by the evidence & information before the administrator
Proportionality
Balance, necessity & suitability
Appropriate to circumstances

20. Procedural Fairness Section 33(1) Fair hearing
Impartial decision maker
Is justice seen to be done?

21. State Liability Sate Liability Act of 1957
The State is liable for unlawful administrative action & for breach of contract
Compensation payable by State to persons suffering loss or damage due to unlawful administrative action or breach of contract