JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN SOUTH AFRICA



Judicial Review Of Administrative Action In South Africa

THE CHANGING CHARACTER OF JUDICIAL REVIEW. Cora Hoexter is a Professor in the School of Law at the University of the Witwatersrand, Johannesburg, and is currently President of the Administrative Justice Association of South Africa. She has written extensively on administrative law and is the author of a leading scholarly text, Administrative Law in South Africa (Juta & Co Ltd, 2 ed 2012)., judicial review of administrative actions. On the other hand, there are circumstances where the remedies of judicial review, the jurisdiction for the grant of the remedy of judicial review as well as the recognized grounds for judicial review are expressly provided for in the constitution. This article regards this latter stipulations as.

Administrative Action the Principle of Legality and

CONSTITUTIONAL COURT OF SOUTH AFRICA SAFLII. PAJA rules found unconstitutional April 1, 2012 - 07:56 News In Lawyers for Human Rights v Rules Board for Courts of Law and Another (78163/2009) [2012] ZAGPPHC 54 (11 April 2012) the North Gauteng High Court found parts of the new Rules of Procedure for Judicial Review of Administrative Action (“the new Rules”) made under the Promotion of Administrative Justice Act 3 of 2000, An overview of judicial review in parts of Africa. The mechanism of judicial review has become known as somewhat of a champion in our country. In our post-1994 constitutional democracy, the utilisation of judicial review proceedings to challenge administrative conduct (that ordinarily would not be capable of challenge pre-1994) has allowed our.

Judicial review of administrative action in South Africa. Jacques De Ville . LexisNexis Butterworths, 2005 - Judicial review of administrative acts - 587 pages. 0 Reviews. From inside the book . What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Introduction to the judicial review of administrative action . 1: Administrative action . 35 23/03/2017 · (2017). In search of a definition for administrative action. South African Journal on Human Rights: Vol. 33, No. 2, pp. 314-334.

PAJA rules found unconstitutional April 1, 2012 - 07:56 News In Lawyers for Human Rights v Rules Board for Courts of Law and Another (78163/2009) [2012] ZAGPPHC 54 (11 April 2012) the North Gauteng High Court found parts of the new Rules of Procedure for Judicial Review of Administrative Action (“the new Rules”) made under the Promotion of Administrative Justice Act 3 of 2000 judicial review of administrative actions. On the other hand, there are circumstances where the remedies of judicial review, the jurisdiction for the grant of the remedy of judicial review as well as the recognized grounds for judicial review are expressly provided for in the constitution. This article regards this latter stipulations as

06/02/2014 · THE FUNDAMENTAL RIGHT TO JUST ADMINISTRATIVE ACTION: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN THE DEMOCRATIC SOUTH AFRICA A thesis submitted in fulfilment of the requirements of the degree of DOCTOR OF PHILOSOPHY of RHODES UNIVERSITY by CLIVE PLASKET June 2002. ABSTRACT For most of its existence South African administrative law has been shaped by … Cora Hoexter is a Professor in the School of Law at the University of the Witwatersrand, Johannesburg, and is currently President of the Administrative Justice Association of South Africa. She has written extensively on administrative law and is the author of a leading scholarly text, Administrative Law in South Africa (Juta & Co Ltd, 2 ed 2012).

2.1 Pre- democracy era of judicial review The South African administrative law of pre-democratic era has been aptly described as ‘a pale reflection of the English law of a bygone age’.3 Hoexter makes the point that in addition to being inherited from the English the nightmare of apartheid made everything worse. According to Hoexter, ‘the Judicial Review of Administrative Action in South Africa is the first comprehensive guide to the application of the Promotion of Administrative Justice Act.

'Judicial regulation of administrative action’ in the South African Monograph on Constitutional Law, Murray & Kirkby (eds) (2014) Suppl. 108 International Encyclopaedia of Laws (IEL) for the judiciary to identify the nature of the administrative action under review and to then apply a pre-determined standard of review to that action. Assuming that the classification of functions remains discredited as a formalistic tool for judicial review, it continues to provide useful distinctions between types of administrative action

THE CHANGING CHARACTER OF JUDICIAL REVIEW. A person who asks for judicial review after this period will not be successful, unless they can convince the court to that it is "in the interests of justice" to allow it. d. The grounds on which administrative action can be reviewed. The Constitution says administrative action must be lawful, reasonable and procedurally fair. Section 6 of the PAJA gives more detail about these requirements. It sets out a list of …, At present, the current Uniform Rule 53 still applies to judicial review proceedings including the right to a full copy of the record of proceedings. LHR would like to thank Legal Aid South Africa for their continued financial support of this case and LHR’s public interest litigation. For more information, please contact:.

CONCLUSION AN ASSESSMENT OF THE TRANSFORMATION OF

judicial review of administrative action in south africa

Judicial Review of Administrative Action in Nigeria. 'Judicial regulation of administrative action’ in the South African Monograph on Constitutional Law, Murray & Kirkby (eds) (2014) Suppl. 108 International Encyclopaedia of Laws (IEL), administrative nature’ can constitute administrative action. But, it excludes from the scope of the definition of administrative action ‘the executive powers and functions of the National Executive’. In Masetlha v President of the Republic of South Africa & Another 2008 (1) SA 566 (CC) the distinction between conduct of an administrative.

2010 University of South Africa lawblogsa. An overview of judicial review in parts of Africa. The mechanism of judicial review has become known as somewhat of a champion in our country. In our post-1994 constitutional democracy, the utilisation of judicial review proceedings to challenge administrative conduct (that ordinarily would not be capable of challenge pre-1994) has allowed our, that everyone has the right to administrative action that is lawful, reasonable and procedurally fair. The decisions impugned in this application constitute administrative action reviewable in terms of section 6 of PAJA. PAJA also sets out in section 8 the remedies in proceedings for judicial review. 4. The MPRDA was amended by the coming into.

Administrative Law in South Africa De Rebus

judicial review of administrative action in south africa

Kate O’Regan The Constitution and Administrative Law. judicial review of administrative actions. On the other hand, there are circumstances where the remedies of judicial review, the jurisdiction for the grant of the remedy of judicial review as well as the recognized grounds for judicial review are expressly provided for in the constitution. This article regards this latter stipulations as A person who asks for judicial review after this period will not be successful, unless they can convince the court to that it is "in the interests of justice" to allow it. d. The grounds on which administrative action can be reviewed. The Constitution says administrative action must be lawful, reasonable and procedurally fair. Section 6 of the PAJA gives more detail about these requirements. It sets out a list of ….

judicial review of administrative action in south africa


Judicial review of administrative action through the superior courts is our colonial legacy; the right to administrative justice in s 33 of the Constitution and its companion the Promotion of Administrative Justice Act 3 of 2000 (PAJA) provide the post-apartheid infrastructure for administrative review. Judicial review of administrative action in South Africa. Jacques De Ville . LexisNexis Butterworths, 2005 - Judicial review of administrative acts - 587 pages. 0 Reviews. From inside the book . What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Introduction to the judicial review of administrative action . 1: Administrative action . 35

THE APPLICATION OF JUST ADMINISTRATIVE ACTION IN THE SOUTH AFRICAN ENVIRONMENTAL GOVERNANCE SPHERE: AN ANALYSIS OF SOME CONTEMPORARY THOUGHTS AND RECENT JURISPRUDENCE LJ Kotzé∗ 1 Introduction During the past ten years of democracy in South Africa, administrative law,1 and administrative justice,2 has become increasingly important in the realm of … De Villiers, N “Procedural fairness and reasonable administrative action within the social assistance system: Implications of some settled class actions” (2006) 22 South African Journal on Human Rights 405-438; De Ville, JR “Deference and différance: Judicial review and the perfect gift” (2006) 2 Potchefstroom Electronic Law Journal 1-48

2.1 Pre- democracy era of judicial review The South African administrative law of pre-democratic era has been aptly described as ‘a pale reflection of the English law of a bygone age’.3 Hoexter makes the point that in addition to being inherited from the English the nightmare of apartheid made everything worse. According to Hoexter, ‘the 'Judicial regulation of administrative action’ in the South African Monograph on Constitutional Law, Murray & Kirkby (eds) (2014) Suppl. 108 International Encyclopaedia of Laws (IEL)

High Courts have inherent jurisdiction to supervise the proceedings and decisions of inferior courts or tribunals or those of a person or body of persons charged with the performance of a public duty. This supervisory power is exercised by way of what is known as judicial review of administrative action. In 1977, a uniform, flexible, and […] Judicial review of administrative action in South Africa. Jacques De Ville . LexisNexis Butterworths, 2005 - Judicial review of administrative acts - 587 pages. 0 Reviews. From inside the book . What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Introduction to the judicial review of administrative action . 1: Administrative action . 35

judicial review of administrative action in south africa

'Judicial regulation of administrative action’ in the South African Monograph on Constitutional Law, Murray & Kirkby (eds) (2014) Suppl. 108 International Encyclopaedia of Laws (IEL) THE APPLICATION OF JUST ADMINISTRATIVE ACTION IN THE SOUTH AFRICAN ENVIRONMENTAL GOVERNANCE SPHERE: AN ANALYSIS OF SOME CONTEMPORARY THOUGHTS AND RECENT JURISPRUDENCE LJ Kotzé∗ 1 Introduction During the past ten years of democracy in South Africa, administrative law,1 and administrative justice,2 has become increasingly important in the realm of …

Key Resources on Administrative Justice in South Africa

judicial review of administrative action in south africa

[PDF] The fundamental right to just administrative action. Judicial review of administrative action through the superior courts is our colonial legacy; the right to administrative justice in s 33 of the Constitution and its companion the Promotion of Administrative Justice Act 3 of 2000 (PAJA) provide the post-apartheid infrastructure for administrative review., THE APPLICATION OF JUST ADMINISTRATIVE ACTION IN THE SOUTH AFRICAN ENVIRONMENTAL GOVERNANCE SPHERE: AN ANALYSIS OF SOME CONTEMPORARY THOUGHTS AND RECENT JURISPRUDENCE LJ Kotzé∗ 1 Introduction During the past ten years of democracy in South Africa, administrative law,1 and administrative justice,2 has become increasingly important in the realm of ….

REASONS FOR ADMINISTRATIVE ACTION WHAT ARE THE

South African administrative law Wikipedia. De Villiers, N “Procedural fairness and reasonable administrative action within the social assistance system: Implications of some settled class actions” (2006) 22 South African Journal on Human Rights 405-438; De Ville, JR “Deference and différance: Judicial review and the perfect gift” (2006) 2 Potchefstroom Electronic Law Journal 1-48, A person who asks for judicial review after this period will not be successful, unless they can convince the court to that it is "in the interests of justice" to allow it. d. The grounds on which administrative action can be reviewed. The Constitution says administrative action must be lawful, reasonable and procedurally fair. Section 6 of the PAJA gives more detail about these requirements. It sets out a list of ….

Just administrative action (section 33 of the Constitution) (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. “Bill of Rights interpretation in the South African context (2): prognostic observations” 1993 vol 4 no 2 Stell LR 199-218 with Du Plessis LM. 3. “Bill of Rights interpretation in the South African context (3) comparative perspectives and future prospects” 1993 vol 4 no 3 Stell LR 356-393 with Du Plessis LM. 4.

An overview of judicial review in parts of Africa. The mechanism of judicial review has become known as somewhat of a champion in our country. In our post-1994 constitutional democracy, the utilisation of judicial review proceedings to challenge administrative conduct (that ordinarily would not be capable of challenge pre-1994) has allowed our administrative nature’ can constitute administrative action. But, it excludes from the scope of the definition of administrative action ‘the executive powers and functions of the National Executive’. In Masetlha v President of the Republic of South Africa & Another 2008 (1) SA 566 (CC) the distinction between conduct of an administrative

REASONS FOR ADMINISTRATIVE ACTION: WHAT ARE THE IMPLICATIONS FOR PUBLIC OFFICIALS? D.J. Brynard Department of Public Administration and Management University of South Africa ABSTRACT The righ tto be given writte reasonn whes n the right osf someone has been adversely affecte bdy administrativ actioe han s bee n constitutionalise by d the 1996-constitutio and fleshen oud t in the … PAJA rules found unconstitutional April 1, 2012 - 07:56 News In Lawyers for Human Rights v Rules Board for Courts of Law and Another (78163/2009) [2012] ZAGPPHC 54 (11 April 2012) the North Gauteng High Court found parts of the new Rules of Procedure for Judicial Review of Administrative Action (“the new Rules”) made under the Promotion of Administrative Justice Act 3 of 2000

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 77/13 In the matter between: MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH, EASTERN CAPE First Applicant SUPERINTENDENT-GENERAL OF THE EASTERN CAPE DEPARTMENT OF HEALTH Second Applicant and KIRLAND INVESTMENTS (PTY) LTD t/a EYE & LAZER INSTITUTE Respondent Just administrative action (section 33 of the Constitution) (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.

Just administrative action (section 33 of the Constitution) (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. judicial review of administrative action in south africa book PDF may not make exciting reading, but judicial review of administrative action in south africa book is packed with valuable instructions, information and warnings. We also have many ebooks and user guide is also related with judicial

THE APPLICATION OF JUST ADMINISTRATIVE ACTION IN THE SOUTH AFRICAN ENVIRONMENTAL GOVERNANCE SPHERE: AN ANALYSIS OF SOME CONTEMPORARY THOUGHTS AND RECENT JURISPRUDENCE LJ Kotzé∗ 1 Introduction During the past ten years of democracy in South Africa, administrative law,1 and administrative justice,2 has become increasingly important in the realm of … PAJA rules found unconstitutional April 1, 2012 - 07:56 News In Lawyers for Human Rights v Rules Board for Courts of Law and Another (78163/2009) [2012] ZAGPPHC 54 (11 April 2012) the North Gauteng High Court found parts of the new Rules of Procedure for Judicial Review of Administrative Action (“the new Rules”) made under the Promotion of Administrative Justice Act 3 of 2000

Section 1 of PAJA defines the scope of administrative action. It was held that the cause of action for the judicial review of administrative action now ordinarily arises from PAJA, not from the common law, as in the past, and that the authority of PAJA to ground such causes of action … Judicial review of administrative action through the superior courts is our colonial legacy; the right to administrative justice in s 33 of the Constitution and its companion the Promotion of Administrative Justice Act 3 of 2000 (PAJA) provide the post-apartheid infrastructure for administrative review.

THE APPLICATION OF JUST ADMINISTRATIVE ACTION IN THE SOUTH AFRICAN ENVIRONMENTAL GOVERNANCE SPHERE: AN ANALYSIS OF SOME CONTEMPORARY THOUGHTS AND RECENT JURISPRUDENCE . LJ Kotzé ∗ 1 Introduction . During the past ten years of democracy in South Africa, admin, 1. and istrative law administrative justice, 2. has become increasingly important Judicial review of administrative action in South Africa. Jacques De Ville . LexisNexis Butterworths, 2005 - Judicial review of administrative acts - 587 pages. 0 Reviews. From inside the book . What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Introduction to the judicial review of administrative action . 1: Administrative action . 35

judicial review of administrative action in south africa book PDF may not make exciting reading, but judicial review of administrative action in south africa book is packed with valuable instructions, information and warnings. We also have many ebooks and user guide is also related with judicial The Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (“PAJA”) gives effect to the right to administrative action that is lawful, reasonable and procedurally fair as well as to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996. It

Just administrative action (section 33 of the Constitution) (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. It is not surprising then that only twenty years into South Africa’s new constitutional order, the process of recalibrating judicial review of administrative action is ongoing. This blogpost draws on this year’s Bentham lecture “A Constitutional Journey: Judicial Review of Administrative Action in Post-Apartheid South Africa” (9 March

New rules for judicial review declared unconstitutional by

judicial review of administrative action in south africa

JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN SOUTH. The fundamental right to just administrative action: judicial review of administrative action in the democratic South Africa @inproceedings{Plasket2003TheFR, title={The fundamental right to just administrative action: judicial review of administrative action in the democratic South Africa}, author={Clive Plasket}, year={2003} }, Section 1 of PAJA defines the scope of administrative action. It was held that the cause of action for the judicial review of administrative action now ordinarily arises from PAJA, not from the common law, as in the past, and that the authority of PAJA to ground such causes of action ….

South African administrative law Wikipedia

judicial review of administrative action in south africa

Kate O’Regan The Constitution and Administrative Law. Judicial review of administrative action through the superior courts is our colonial legacy; the right to administrative justice in s 33 of the Constitution and its companion the Promotion of Administrative Justice Act 3 of 2000 (PAJA) provide the post-apartheid infrastructure for administrative review. The fundamental right to just administrative action: judicial review of administrative action in the democratic South Africa @inproceedings{Plasket2003TheFR, title={The fundamental right to just administrative action: judicial review of administrative action in the democratic South Africa}, author={Clive Plasket}, year={2003} }.

judicial review of administrative action in south africa


The fundamental right to just administrative action: judicial review of administrative action in the democratic South Africa @inproceedings{Plasket2003TheFR, title={The fundamental right to just administrative action: judicial review of administrative action in the democratic South Africa}, author={Clive Plasket}, year={2003} } administrative nature’ can constitute administrative action. But, it excludes from the scope of the definition of administrative action ‘the executive powers and functions of the National Executive’. In Masetlha v President of the Republic of South Africa & Another 2008 (1) SA 566 (CC) the distinction between conduct of an administrative

Judicial review of administrative action in South Africa. Jacques De Ville . LexisNexis Butterworths, 2005 - Judicial review of administrative acts - 587 pages. 0 Reviews. From inside the book . What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Introduction to the judicial review of administrative action . 1: Administrative action . 35 23/03/2017 · (2017). In search of a definition for administrative action. South African Journal on Human Rights: Vol. 33, No. 2, pp. 314-334.

“Bill of Rights interpretation in the South African context (2): prognostic observations” 1993 vol 4 no 2 Stell LR 199-218 with Du Plessis LM. 3. “Bill of Rights interpretation in the South African context (3) comparative perspectives and future prospects” 1993 vol 4 no 3 Stell LR 356-393 with Du Plessis LM. 4. Administrative Action, the Principle of Legality and Deference – The Case of Minister of Defence and Military Veterans v Motau Andrew Konstant* I InTroducTIon Minister of Defence and Military Veterans v Motau and Others 1 marks a significant stride in administrative law, the likes of which we have not seen from the Constitutional

Judicial review of administrative action in South Africa. Jacques De Ville . LexisNexis Butterworths, 2005 - Judicial review of administrative acts - 587 pages. 0 Reviews. From inside the book . What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Introduction to the judicial review of administrative action . 1: Administrative action . 35 for the judiciary to identify the nature of the administrative action under review and to then apply a pre-determined standard of review to that action. Assuming that the classification of functions remains discredited as a formalistic tool for judicial review, it continues to provide useful distinctions between types of administrative action

review.16Depending on the legal system, it may represent “judicial review of legislative action, judicial review of executive or administrative action and judicial review of judicial action.’’17 Nevertheless, a given court can have all or part of the three review powers. THE APPLICATION OF JUST ADMINISTRATIVE ACTION IN THE SOUTH AFRICAN ENVIRONMENTAL GOVERNANCE SPHERE: AN ANALYSIS OF SOME CONTEMPORARY THOUGHTS AND RECENT JURISPRUDENCE . LJ Kotzé ∗ 1 Introduction . During the past ten years of democracy in South Africa, admin, 1. and istrative law administrative justice, 2. has become increasingly important

Cora Hoexter is a Professor in the School of Law at the University of the Witwatersrand, Johannesburg, and is currently President of the Administrative Justice Association of South Africa. She has written extensively on administrative law and is the author of a leading scholarly text, Administrative Law in South Africa (Juta & Co Ltd, 2 ed 2012). Administrative Action, the Principle of Legality and Deference – The Case of Minister of Defence and Military Veterans v Motau Andrew Konstant* I InTroducTIon Minister of Defence and Military Veterans v Motau and Others 1 marks a significant stride in administrative law, the likes of which we have not seen from the Constitutional

administrative nature’ can constitute administrative action. But, it excludes from the scope of the definition of administrative action ‘the executive powers and functions of the National Executive’. In Masetlha v President of the Republic of South Africa & Another 2008 (1) SA 566 (CC) the distinction between conduct of an administrative 2.1 Pre- democracy era of judicial review The South African administrative law of pre-democratic era has been aptly described as ‘a pale reflection of the English law of a bygone age’.3 Hoexter makes the point that in addition to being inherited from the English the nightmare of apartheid made everything worse. According to Hoexter, ‘the

Section 1 of PAJA defines the scope of administrative action. It was held that the cause of action for the judicial review of administrative action now ordinarily arises from PAJA, not from the common law, as in the past, and that the authority of PAJA to ground such causes of action … Judicial review of administrative action in South Africa. Jacques De Ville . LexisNexis Butterworths, 2005 - Judicial review of administrative acts - 587 pages. 0 Reviews. From inside the book . What people are saying - Write a review. We haven't found any reviews in the usual places. Contents. Introduction to the judicial review of administrative action . 1: Administrative action . 35

judicial review of administrative action in south africa

However, it is possible to derive a meaning of judicial review from the body of the Act – “review of an administrative action or decision by a court or tribunal.” Grounds for Judicial Review . Subsection (7)(2) outlines the circumstances where a court or tribunal may review an administrative action or decision. “Bill of Rights interpretation in the South African context (2): prognostic observations” 1993 vol 4 no 2 Stell LR 199-218 with Du Plessis LM. 3. “Bill of Rights interpretation in the South African context (3) comparative perspectives and future prospects” 1993 vol 4 no 3 Stell LR 356-393 with Du Plessis LM. 4.