WebDefinition in PAJA is broad “a law, a rule of common law, customary law, or an agreement, instrument or other document in terms of which admin action was purportedly taken”. If an act is ultra vires then it cannot be an admin action because being ultra vires, it lacks an empowering provision – see Marais v Democratic Alliance. WebEXCLUSIONS: Section 1 of PAJA provides that ‘administrative action does not include-(aa) the executive powers or functions of the National Executive, including the powers or functions referred to in sections 79 (1) and (4), 84 (2) (a) , (b) , (c), (d), (f), (g), (h), (i) and (k), 85 (2) (b), (c), (d) and (e), 91 (2), (3), (4) and (5), 92 (3), 93, …
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Webpaja - English translation of paja from Spanish from the Diccionario español-inglés / Spanish-English Dictionary - Cambridge Dictionary WebStarting with the exclusions is thus an efficient way to filter out those actions that cannot be administrative action under PAJA. A decision of an administrative nature Section 1 (i) defines an administrative action as a ‘decision’ or a ‘failure to take a decision’ and section 1 (v) provides a separate definition of ‘decision’. m1a walnut high gloss
Section 33 and paja provide one example of such a - Course Hero
WebApr 28, 2024 · While the Constitutional Court made it clear more than a decade ago that the PAJA cannot legitimately be avoided by direct reliance on section 33 or on the common law, it was unhelpfully silent about sidestepping the PAJA in favour of the principle of legality. WebApr 13, 2024 · The applicant contends that the application implicates sections 1, 7, 33 (read with PAJA), 34, 38 and/or 172 of the Constitution. Although, given the view we take of the matter, it is not strictly necessary to make a determination whether PAJA applies, we deal with this issue for the sake of completeness in our evaluation hereunder. WebPAJA both explicitly excludes executive and legislative decisions, as well as other important exercises of public power, from its ambit. Added to this, the legislation presents courts with the difficult task of deciding what constitutes ‘administrative action’. The possibility that significant decisions of public authorities are ... kiss me son of god lyrics