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Administrative law

  • Administrative law

      • Administrative law is a body of law governing the exercise and control of public power by the other branches of government in
        South Africa. This branch of law overlaps with constitutional law because both deal with organs of state and their relationship to individuals.

        Administrative law is made up of general administrative law and particular administrative law.

        General administrative law sets out the general rules and principles that all administrators must follow as well as the
        remedies for people affected by administrative decisions, in essence, situations where administrative powers have not been
        properly used or where requirements of law have not been followed.

        Particular administrative law governs specific areas of administration, such as the law relating to refugees and immigration.

        The Promotion of Administrative Justice Act 3 of 2000 (PAJA) forms part of general administrative law and binds the entire administration.

        PAJA sets out:

        • general rules for the proper performance of all administrative action;
        • that reasons must be given for administrative action in certain circumstances;
        • that administrators inform people of their rights to review or appeal and to request reasons;
        • the remedies that are available if these rules are not followed.

        Administrators must be allowed by law to make a decision that impacts on another person. Failure to so will result in court interference by way of
        judicial review. This means that any person who is unhappy with an administrative decision can challenge the decision in court.

        Possible remedies the court may impose:
        • an order declaring administrator’s decision unlawful;
        • ordering the administrator to reconsider the decision;
        • replacing the administrator’s decision with the court’s decision;
        • ordering the government to pay damages to the affected person.

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        Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
        stems from a desire to improve upon the lives of the vulnerable who fall prey to a
        corrupt system.
        I studied at the University of Johannesburg where I obtained my Bachelor of Laws
        degree, the starting point to the long journey of becoming a legal practitioner.
        This profession has taught me to persevere through the complexities of the law and to
        continually develop my skills as a legal professional.