GOR: Lawfullness Flashcards
Gijima held that when an organ of state seeks to review its own action, it was to do so under POL
True
- BUT doesnt have to be under POL
A local government may only act within the powers conferred onto it
True
- Fedsure
When administrators are appointed, all members must vote.
False.
-Only if quorum isn’t specified.
- Acting Chairperson : JSC
In Latib, the court held that by relying on the incorrect enabling legislation, he could not use the enabling legislation elsewhere.
False.
- Latib: Even if done under the wrong section of legislation, it will not be invalid.
In pre-const times, where an administrator acts deliberately in terms of the wrong provision, the invalidity cannot be saved.
True
- Edms Bpk
The courts now take a strict approach to when authority lies elsewhere
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.
You can delegate broad discretionary powers without guidelines.
False
- Dawood: it is unlawful
In exceptional cases, delegating powers can be granted.
True
- Shuttleworth (exception to rule)
- NB: Nature of decision.
The reasoning in Shuttleworth was outcome-based reasoning.
True
The general rule is that delegated power must be exercised by the administrator in whom the power is conferred.
True
There is an irrebuttable presumption against implied sub-delegation.
False
- There is a rebuttable presumption against implied sub-delegation
Mechanical powers are more readily sub-delegated than powers of a broad discretionary nature.
True
The more far-reaching the power, the more likely that there is no implied authority.
True
Sub-delegation is not allowed where the power is partial.
False
- more likely where it is partial.
- Original delegator must have sufficient control
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.
False
- Under PAJA it is reviewable.
Responsibility passes to the person who makes the decision.
False
- unlawful to pass the buck/referral
The decision-maker must at least be aware of the grounds on which advice by another party had been relied on.
True
- Scenematic function
Administrative decisions which are final, cannot be revoked unless there is statutory authority.
True
- Functus officio doctrine
Courts are arbitrators of legality
True
- Kirkland, tasima
Decision maker is only functus officio once the decision has been communicated.
True
Technical errors need to be varied/revocated.
False
Only jurisdictional errors of law are reviewable
False
- this is the old view.
- Hira abolishes the distinction between juris/non-juris EOL.
- all material EOL reviewable.
In relation to materiality, SA has adopted a reasonableness standard.
False
- standard of correctness
Jurisdictional facts are preconditions or conditions present that must be met/exist prior to the exercise of power.
True
