1. Public law
BPA – Year 2

2. Public VS private law Public Law Private Law
Relationship between the State & its subjects or between different Depts. Of State
Generally a relationship of inequality
Based on State authority
Vertical relationships
Relationship between individual subjects
Generally a relationship of equality
Based on agreement / consensus
Horizontal relationships

3. Constitution of the republic of south Africa of 1996
A modern, well drafted constitution
Is the source of all Public Law in SA
The Constitution is the supreme law of South Africa and any law inconsistent with it is invalid (section 2)

4. The promotion of administrative justice act 3 of 2000
Allows for judicial review of administrative action
Is there to give effect to Constitutional duty on State to act justly in relation to its subjects
Promotes efficient administration & good governance
Fosters accountability, openness & transparency
Problem area is exactly what constitutes administrative action

5. Examples of administrative action
Issuing of licenses
Awarding of tenders
Requiring payment of taxes under dispute
Withdrawal of bursary from a State school
Leasing of waterfront property in a harbour

6. Constitutional & administrative law as part of public law
Discussion
Constitutional law and administrative law form part of public law; and both deal with the regulation of the division and exercise of state authority
Administrative law deals with the issues faced by the Public Administration in carrying out the duties imposed by legislation
Constitutional law deals with the relationship between the organs of State

7. Assignment – question 1 The Public Protector www.pprotect.org
See sections 182 & 183 of the Constitution

8. Question 2 Promotion of Administrative Justice Act 3 of 2000
Section 6 (1)
Any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action.
Read pages of Study Guide
Previously – judicial review – common law

9. Bato star fishing case
The courts should not take over the functions of administrative agencies
Courts must recognise the proper role of the executive in the Constitution
The courts task is to ensure that administrative decisions fall within the bounds of reasonableness as required by the Constitution
Parties seeking relief must rely on the PAJA and not the common law
As per O’Regan J in Bato Star Fishing (Pty) Ltd v The Minister of Environmental Affairs & Tourism & Others 2004 SA 490 (CC)

10. Question 3 Ultra Vires – pre 1994
Johannesburg Consolidated Investment Company v Johannesburg Town Council TS 111
Common law power to review the administrative application of legislation & set aside anything outside of the powers granted to them

11. Question 3
Section 33
 Just administrative action.—(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.
(3)  National legislation must be enacted to give effect to these rights, and must—
(a) provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;
(b) impose a duty on the state to give effect to the rights in subsections (1) and (2); and
(c) promote an efficient administration.
Section 6 of PAJA
6.   Judicial review of administrative action.—(1)  Any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action.