GOR: Lawfullness

Question 1

Gijima held that when an organ of state seeks to review its own action, it was to do so under POL

Answer 1

True
- BUT doesnt have to be under POL

Question 2

A local government may only act within the powers conferred onto it

Answer 2

True
- Fedsure

Question 3

When administrators are appointed, all members must vote.

Answer 3

False.
-Only if quorum isn’t specified.
- Acting Chairperson : JSC

Question 4

In Latib, the court held that by relying on the incorrect enabling legislation, he could not use the enabling legislation elsewhere.

Answer 4

False.
- Latib: Even if done under the wrong section of legislation, it will not be invalid.

Question 5

In pre-const times, where an administrator acts deliberately in terms of the wrong provision, the invalidity cannot be saved.

Answer 5

True
- Edms Bpk

Question 6

The courts now take a strict approach to when authority lies elsewhere

Answer 6

True
- Harris: can only be valid when there was a genuine slip up.
- Where an administrator acts in good faith, their mistake will be excusable.

Question 7

You can delegate broad discretionary powers without guidelines.

Answer 7

False
- Dawood: it is unlawful

Question 8

In exceptional cases, delegating powers can be granted.

Answer 8

True
- Shuttleworth (exception to rule)
- NB: Nature of decision.

Question 9

The reasoning in Shuttleworth was outcome-based reasoning.

Answer 9

True

Question 10

The general rule is that delegated power must be exercised by the administrator in whom the power is conferred.

Answer 10

True

Question 11

There is an irrebuttable presumption against implied sub-delegation.

Answer 11

False
- There is a rebuttable presumption against implied sub-delegation

Question 12

Mechanical powers are more readily sub-delegated than powers of a broad discretionary nature.

Answer 12

True

Question 13

The more far-reaching the power, the more likely that there is no implied authority.

Answer 13

True

Question 14

Sub-delegation is not allowed where the power is partial.

Answer 14

False
- more likely where it is partial.
- Original delegator must have sufficient control

Question 15

Under common law, AA is expressly reviewable when the decision appears to have been taken by an authorised official but was actually made at the dictation/direction of another unauthorised official.

Answer 15

False
- Under PAJA it is reviewable.

Question 16

Responsibility passes to the person who makes the decision.

Answer 16

False
- unlawful to pass the buck/referral

Question 17

The decision-maker must at least be aware of the grounds on which advice by another party had been relied on.

Answer 17

True
- Scenematic function

Question 18

Administrative decisions which are final, cannot be revoked unless there is statutory authority.

Answer 18

True
- Functus officio doctrine

Question 19

Courts are arbitrators of legality

Answer 19

True
- Kirkland, tasima

Question 20

Decision maker is only functus officio once the decision has been communicated.

Answer 20

True

Question 21

Technical errors need to be varied/revocated.

Answer 21

False

Question 22

Only jurisdictional errors of law are reviewable

Answer 22

False
- this is the old view.
- Hira abolishes the distinction between juris/non-juris EOL.
- all material EOL reviewable.

Question 23

In relation to materiality, SA has adopted a reasonableness standard.

Answer 23

False
- standard of correctness

Question 24

Jurisdictional facts are preconditions or conditions present that must be met/exist prior to the exercise of power.

Answer 24

True

Question 25

Jurisdiction does not depend on non-jurisdictional facts

Answer 25

True

Question 26

The courts distinguishes between objective jurisdictional facts and subjective jurisdictional facts

Answer 26

False
- this was pre-2004

Question 27

Under PAJA/The const, all subjective juris facts are objectively justiciable

Answer 27

True

Question 28

The court in Walele held that the decision maker must show that the subjective opinion relied on was based on reasonable grounds

Answer 28

True