Describe the development of Administrative Law from the common law to section 33 of the Constitution.

1. Common Law/ Wits-Nigel (5Grounds)

P1 The functionary must act in accordance with the behests of the statute

P2 The functionary must act in terms of the principles of natural justice.

Hearing the other side

Having no Bias

2. Breakwater Declaration/ Post Apartheid Regime

Australians, Americans and South Africans, established democracies and admin law systems.

The Breakwater declaration was a declaration formed during a convention which proposed 6 key ideas which lead to the development of the admin law system that we have today.

  1. Explicit articulation in empowering legislation of criteria governing the exercise of public power
  1. That there be a duty upon those exercising public power to give reasons for decisions on request and to give justifiable reasons

2.That we need a genuinely participatory rule making procedure

  1. That there be a lawful, reasonable and procedurally fair admin law system
  1. Effective parliamentary control and supervision over delegated legislation
  1. That there be an open government and access to information

3.Interim Constitution Before 1994, South Africa had embraced the doctrine of parliamentary sovereignty. Now, however, the Constitution dictates that all exercises of public power be rational, justifiable and reasonable. The Interim Constitution provided a bridge from an authoritarian past to a democratic future

Section 24 First time we had a proper right to admin law justice

procedurally fair administrative action where any of his or her rights or legitimate expectations is affected or threatened;

be furnished with reasons in writing for administrative action which affects any of his or her rights or interests, unless the reasons for such action have been made public; and

lawful administrative action where any of his or her rights or interests is affected or threatened;

administrative action which is justifiable in relation to the reasons given for it, where any of his or her rights is affected or threatened.

Section 24 of the Interim Constitution provided that every person shall have the right to

4. Final Constitution

Section 33

Did not operate immediately. Item

ITEM 23 OF SCHEDULE 6 – RELY ON 24 UNTIL 33 WAS ACTIVATED

Section 24 = deemed section – continued as section 33 until act was promulgated (PAJA)

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