Administrative Law

Key Players

• Public Entities: These are bodies established by national or provincial legislation to perform specific functions. Examples include the South African Revenue Service (SARS) and the National Environmental Management Agency (NEMA).
• Regulations: Rules created by public entities that have the force of law. These regulations detail how the entity will carry out its legislative mandate.
• Adjudication: The process by which public entities settle disputes between individuals or entities. This often involves hearings presided over by Administrative Hearing Officers.
• Judicial Review: The court's authority to review the actions of public entities to ensure they comply with the law and act within their granted powers.

Core Concepts

• Reasonableness Review: A legal principle requiring courts to assess whether a public entity's decision is rational and justifiable in light of the relevant legislation and facts.
• Notice and Comment: A procedural requirement for rulemaking. Public entities must provide public notice of proposed regulations and allow for public comment before finalising them.
• Internal Remedies: The principle requiring individuals to use all appeal processes within the public entity before seeking judicial review.
• Fair Administrative Action: This principle requires public entities to act fairly and lawfully when dealing with individuals or businesses. This includes providing proper notice, a right to be heard, and a right to reasons for decisions.
• Promoted Administrative Justice: A constitutional principle requiring administrative action to be procedurally and substantively just and equitable.

Types of Public Entity Actions

• Regulations: Rules with the force of law that outline public entity procedures and how they will execute their legislative authority.
• Decisions: Rulings issued by a public entity that apply to specific individuals or entities.
• Licences and Permits: Authorisations granted by public entities to allow individuals or entities to engage in specific activities.

Judicial Review Standards

• Rationality Review: A standard for reviewing public entity actions. Courts will overturn an action if it is deemed to be irrational and not by the law.
• Reasonableness Review: Similar to rationality review, courts may also consider the intensity of the consequences and the proportionality of the action.

Important Legislation

• Promotion of Administrative Justice Act (PAJA): A key statute establishing procedural requirements for public entities, including rulemaking, adjudication, and judicial review.
• Constitution of the Republic of South Africa: The supreme law of South Africa, which enshrines the right to fair administrative action.
• Specific Legislation: Each public entity may have its governing legislation that sets out its powers and procedures.

Real-World Examples

• An environmental group challenges the Department of Environmental Affairs' approval of a mining project under the rationality review standard, arguing the department disregarded the environmental impact assessment.
• A small business owner appeals the denial of a liquor licence by a municipal licensing committee, claiming the committee failed to provide proper reasons for the decision.
• A citizen uses PAJA to request access to information from the Department of Transport regarding a proposed toll road project.