PAJA's def of AA : part 2

Question 1

Admin law creates mechanisms to hold Traditional Leaders accountable

Answer 1

True
AL offers means by which to ensure greater accountability and transparency for TLs.

Question 2

According to Joseph, the courts should use a narrow approach when interpreting ‘adversely affects rights’ and ‘direct, external legal effect’

Answer 2

False
- Generous approach
- Admin efficiency = informs the content of the duties imposed under admin law rather than the scope of the application of admin law.

Question 3

The determination approach is very narrow.

Answer 3

False
- It is broad.
- Admin justice applies where a decision determines rights / where the rights have yet to be determined.

Question 4

According to Grey’s marine, the literal meaning of “Adversely, affects rights” should be taken by the courts.

Answer 4

False

Question 5

The determination approach is where admin justice applies where a decision revokes existing rights.

Answer 5

false

Question 6

“adverse effect” is met when some is deprived of their right.

Answer 6

False.
- Requirements:
1. Deprives someone of a right
2. Determines someone’s right.
3. Makes the exercise of the rights ‘more difficult or burdensome.”

Question 7

Joseph held that “rights” include public law rights

Answer 7

True

Question 8

AAR and DELE are two separate requirements and should be dealt with accordingly.

Answer 8

False.
- Joseph + Greys marine: a single impact element.

Question 9

Decision making occurs in multiple stages.

Answer 9

True.
- Oosthuizen’s transport: decision includes decisions proposed to be made

Question 10

A decision must be internal to the administration.

Answer 10

False
- Botha: A decision may not be purely internal to the administration.