Wrongfulness: Grounds of Justification - Statutory authority

Question 1

What is meant by statutory authority?

Answer 1

A person does not act wrongfully if he performs an act (which would otherwise be deemed wrongful) while exercising statutory authority (meaning authority given in legislation).

Question 2

What are the two principles that apply to statutory authority as a ground of justification:

Answer 2

1) The statute must authorise the infringement of the particular interest
I.e. it must restrict the right on which the injured party relies.

2)The conduct must not exceed the bounds of the authority conferred by the statute (the authority given by the statute).

Question 3

What determines whether the statute authorizes the infringement?

Answer 3

It depends on the intention of the legislature. The intention of the legislature is determined in accordance with the principles regulating the interpretation of statutes.

Question 4

How do courts determine whether the legislature INTENDED to authorise an infringement of interests?

Answer 4

1) If the statute is DIRECTORY- clear that an infringement of private interests is authorised
2) If the statute is not directory but PERMISSIVE and if the statute makes NO PROVISION FOR PAYMENT OF DAMAGES, then it is presumed that the infringement is not authorised.
3) This presumption mentioned above falls away if the authority is entrusted to a public body ACTING IN THE PUBLIC INTEREST
4) if authorised act is CIRCUMSCRIBED AND LOCALISED e.g building a dam in a certain place - there is a presumption that the infringement is authorised.
5) If authorisation is PERMISSIVE and GENERAL, not localised, and doesn’t entail infringement of private interests, then it’s possible the legislature did not intend that private interests must be infringed

Question 5

How do you determine whether the act fell with boundaries of authorisation ( I.e. did not exceed the bounds of authority conferred by statute):

Answer 5

1) Must not have been possible for defendant to exercise the powers without infringing the interests of another (Onus is on defendant)
2) the conduct of the defendant must have been reasonable (onus is on plaintiff)

Question 6

Who bares the onus of proof to show defendant acted unreasonably

Answer 6

The plaintiff bares the onus of proof to show that there were alternative reasonable methods and therefore the defendant acted unreasonably

Question 7

Explain the reasonableness criteria with reference to a practical example - THE STATUTORY PROVISIONS ON SEARCHING A SUSPECT PERSON; ARRESTING A SUSPECT PERSON and CAUSING BODILY HARM TO A SUSPECT DURING AN ARREST: (See p. 117 - 118)

Answer 7

If an arrestor attempts to arrest a suspect and the suspect resists the attempt and flees or tries to flee, and the subject cannot be arrested without force, the arrestor in this regard may use such force as may be reasonably necessary and proportional in the circumstances to OVERCOME the resistance or to PREVENT the suspect from fleeing. STUDY the example on p. 117 - 118.

Question 8

What are the requirements for use of discretion by a state official?

Answer 8

Used bona fide

and

honestly

(Then court won’t usually interfere, even if it considers the decision inequitable or wrong).

Question 9

What are the Bill of Rights requirements for the exercise of discretion?

Answer 9

It requires that discretion should not be exercised arbitrarily but it should be objectively rational.

Question 10

What does OBJECTIVELY RATIONAL imply?

Answer 10

Discretion must be rationally related to the PURPOSE for which the power was given.

Question 11

How must state officials exercise their DISCRETION?

Answer 11

In good faith and rationally
and
within the the limits of the authorising statute, read in light of the Bill of Rights

Then state officials are entitled to exercise the direction as they deem fit

Question 12

When will the exercise of discretion be unlawful / WRONGFUL?

Answer 12

It will be considered unlawful if an official KNOWINGLY invokes his power for a purpose that is not contemplated by the legislator

The official will be using this power for alterior purposes / improper motive,

Question 13

What element is inherent in any decisions taken by a state official?

Answer 13

There is an element of discretion

Question 14

Give a few examples of exercising of statutory authority:

Answer 14

Police arresting suspects

Municipality installing cables

Question 15

By: Natalie and Natsai

Answer 15

Ground of justification- Statutory authority