Decision to institute or continue prosecution Nomination or selection appointment of judicial officer Decision or failure take decision in terms any provision in Promotion of Access to Information Act Control in Act Decision or failure take decision in terms any provision in S 4 (1) PAJA how one exercises powers – discretion not unlimited – in accordance with admin law LAWFUL – S 33 – Everyone has a right to Lawful Admin Action = Compliance with all law Requirements in Constitution, legislation, common law, customary law, court decisions – (authorities sources) Umbrella concept Administrators have power instilled by law and must be lawful Exercise of power must be authorized by law To prevent and prohibit adoption of any laws that will exclude judicial control over admin action Pre 1994 – Parliament Sovereign – could pass any law – procedure had to be correct Could include Ouster Clause = no judicial review How Steve Biko died S 29 (6) Internal Security Act No court could intervene / review anyone arrested Adoption of ultra vires / intra vires Compliance with all statute and common law requirements for lawful admin action Constitution All organs of state must comply with the law – principle of legality Standards and guidelines must be used to protect individual against abuse of power Expresses values and belief of community S1 – human dignity S2 – Supreme Law Bill of Rights S 36 Limitation Clause – Determine if limitation is lawful – rights cannot be limited arbitrarily Reasonable and justifiable in an Open and democratic society based on Human dignity Equality Freedom Determine proportionality Nature of right Importance of limitation Nature and extent of limitation Relation between the limitation and its purpose Less restrictive way of achieving purpose S39 (1) – Interpreting Bill of Rights – Interpretation clause Promote values that underlie in an Open and democratic society based on Human dignity Equality Freedom
Decision to institute or continue prosecution Nomination or selection appointment of judicial officer Decision or failure take decision in terms any provision in Promotion of Access to Information Act Control in Act Decision or failure take decision in terms any provision in S 4 (1) PAJA how one exercises powers – discretion not unlimited – in accordance with admin law LAWFUL – S 33 – Everyone has a right to Lawful Admin Action = Compliance with all law Requirements in Constitution, legislation, common law, customary law, court decisions – (authorities sources) Umbrella concept Administrators have power instilled by law and must be lawful Exercise of power must be authorized by law To prevent and prohibit adoption of any laws that will exclude judicial control over admin action Pre 1994 – Parliament Sovereign – could pass any law – procedure had to be correct Could include Ouster Clause = no judicial review How Steve Biko died S 29 (6) Internal Security Act No court could intervene / review anyone arrested Adoption of ultra vires / intra vires Compliance with all statute and common law requirements for lawful admin action Constitution All organs of state must comply with the law – principle of legality Standards and guidelines must be used to protect individual against abuse of power Expresses values and belief of community S1 – human dignity S2 – Supreme Law Bill of Rights S 36 Limitation Clause – Determine if limitation is lawful – rights cannot be limited arbitrarily Reasonable and justifiable in an Open and democratic society based on Human dignity Equality Freedom Determine proportionality Nature of right Importance of limitation Nature and extent of limitation Relation between the limitation and its purpose Less restrictive way of achieving purpose S39 (1) – Interpreting Bill of Rights – Interpretation clause Promote values that underlie in an Open and democratic society based on Human dignity Equality Freedom
ADL2601-study_notes_-_all.docx