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LEGISLATURE AND AA (FEDSURE (if exercising powers (raise taxes for rates,…
LEGISLATURE AND AA
FEDSURE
Seldom AA
if exercising powers
raise taxes for rates
or determine appropriation out of public funds
THIS CANNOT BE AA AS IT IS EXERCISING POWER UNDER CONSTITUTION:
PRIMARY FUNCTION: ENACT LEGISLATION
Followed in EDU-COLLEGE
Allocation of $ to education ITO Appropriation Act = NOT AA
But adoption of subsidy formula by MEC = AA
Involved rate payers wanting the increased levies to be set aside
STEEL
Municipal resolution to remove bumps
Done ITO statute + subsidiary legislation
Held = Not AA
Taken by functionary + not excepted to give reasons
Court is saying even if council deliberating it is legislative and not AA
Chirwa: they acted ITO Act of Parlia it should be AA
Pharma
Bring into operation SA medicine Act = NOT AA
Reason: President not making or administering law
Chaskalson: substance of exercise of power closer to legislative than AA
only cont. legislative process
REFLECT ALL: COMPARE WITH FEDSURE
Implementation of legislation by Pres
Held publication of notices not AA
People think this is WRONG
Administrative review: Constitution
process of making primary legislation is very different to that of making delegated legislature. The latter is made by a public functionary
Delegated legislation = AA?
FEDSURE
the process of making delegated legislation = IS AA
Laws made by functionaries = AA Laws made by leg seldom AA
Deliberate process making primary legislation = legislative
Making delegated legislation = AA
NB= distinguish process laws are made
DELEGATED LEGISLATION: review ability?
1. Nature of legislation
strictly speaking: this is law-making
Making delegated leg = delegation process
ISSUE: WHOSE PROCESS OF MAKING IT CAN IT BE TERMED LEG?
Function Approach
leg process
then according: SARFU not reviewable
2. LAW OF GENERAL EFFECT
Eisenberg
PAJA = AA is a decision
What is a decision?
Not refer to making of reg
S4(1)
Not refer = making of regulations
Case decided: constitutional legality
NEW CLICKS
Review delegated legislation: Not rely PAJA
CHASKELSON
Leg AA making law + policy decision for that purpose
Says delegating law = IS AA
SACHS
NOT AA
S33 + PAJA control public power special matter
AA = decisions/ outcomes affect specific indi
PAJA + S33 = avoidance of individual injustice
Directed = adjudicative/ administrative acts
I.e. disciplinary proceedings: conducted: public officials
Budgetary Action: Ed-U-College
Adoption of subsidiary formula by MEC + allocations = AA
Not taken by legislation, debated, considered, form part of leg process