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ADL2601 5 Administrative Action
lOMoAR cPSD| 3013804 5 Administrative Action Administrative Law (University of South Africa) lOMoAR cPSD| 3013804 STUDY UNIT 5: ADMINISTRATIVE ACTION: - Activity 5.1 (Page 42) 1. - Presidential functions - distinction between executive and constitutional. President of the Republic of South Africa v South African Rugby Football Union (SARFU) 1999… 2. - Action in terms of original legislation is not administrative action. Fedsure Life Insurance Ltd. v Greater Johannesburg Transitional Metropolitan Council 1998… 3. - The adoption of an Act by Parliament is not administrative action as it is performing legislative functions. 4. - Minister makes regulations in terms of an Act = administrative action (regulations constitute subordinate legislation) 5. - Judicial functions are not administrative action. 6. - Public official refusing application is administrative action. 7. - Person appeals application is administrative action. 5.1 THE NEED TO ESTABLISH WHETHER ADMINISTRATIVE ACTION IS INVOLVED: 1. - The application of the s 33 (The right to just administrative action) depends on; Administrative action performed by; Organ of State Person exercising public power Person performing public function in terms of legislation 2. - List of exclusions to what constitutes administrative action. 5.2 THE BROAD DEFINITION OF ADMINISTRATIVE ACTION: 5.2.1 A broad description: - Any decision of an organ of state (of administrative nature), made in terms of the prescription of the empowering laws and/or, - Any decision of private persons when they exercise public power or perform public functions in terms of empowering laws. - The Constitutional Court approach the meaning of administrative action negatively (provided a list of exclusions). - President of the Republic of South Africa v SARFU - Pharmaceutical Manufacturers Association of South Africa ex parte President of the Republic of South Africa. - Above cases help determine whether action qualifies as administrative action.
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