Administrative Law Unit 3 Reading Quiz
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Questions and Answers

What is the main focus of Chapter 3, section 3.7 in the book 'Administrative Justice in South Africa: An Introduction'?

  • Judicial review procedures
  • Constitutional law principles
  • Legislative history of South Africa
  • Administrative action in South Africa (correct)
  • What act is referred to as 'PAJA' in section 1?

  • Public Administration and Justice Act
  • Proper Administrative Judgement Act
  • Promotion of Administrative Justice Act 3 of 2000 (correct)
  • Protection of Administrative Jurisdiction Act
  • In which case did the court provide a definition of administrative action that was referred to as narrow and convoluted?

  • Grey's Marine Hout Bay (Pty) Ltd and others v Minister of Public Works and others (correct)
  • Viking Pony Africa Pumps (Pty) Ltd t/a Tricom Africa v Hidro-Tech Systems (Pty) Ltd and Another
  • President of the Republic of South Africa and Others v South African Rugby Football Union and Others
  • Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others
  • Which publication includes scenarios that are discussed and applied in class?

    <p>Administrative Law in South Africa 3rd ed</p> Signup and view all the answers

    'Nell v Minister of Justice and Constitutional Development and Another' is associated with which subject matter?

    <p>General exclusions under administrative law</p> Signup and view all the answers

    Which case involves disputes between entities regarding transitional matters?

    <p>'Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others'</p> Signup and view all the answers

    What type of acts do not fall under administrative action reviewable under the Promotion of Administrative Justice Act 3 of 2000?

    <p>Purely clerical acts</p> Signup and view all the answers

    In Maleka v Health Professions Council of SA (ECJ 2004/051) ZAECHC 38, the correction of an entry due to a computer error involved removing the entry from which register category?

    <p>Public service (general practitioners)</p> Signup and view all the answers

    In cases where events take place by operation of law, what is said to be deemed discharged?

    <p>No decision</p> Signup and view all the answers

    According to Phenithi v Minister of Education 2008 (1) SA 420 (SCA), what is observed in cases with no decision?

    <p>No decision</p> Signup and view all the answers

    What is the outcome when essential jurisdictional facts fall away in cases like Maswanganyi v Minister of Defence and Military Veterans 2020?

    <p>Reversal of termination of employment by operation of law</p> Signup and view all the answers

    In reference to Armbruster and Another v Minister of Finance and Others, does forfeiture of currency by operation of law constitute what kind of action?

    <p>Administrative action</p> Signup and view all the answers

    Which case involved a decision by a political party that was determined to be administrative action?

    <p>Van Zyl v New National Party 3 All SA 737 (C)</p> Signup and view all the answers

    What type of action is a decision that adversely affects the rights of individuals, as seen in Harvey v Umhlatuze Municipality?

    <p>Administrative action</p> Signup and view all the answers

    In which case did a ministerial decision adversely affect the rights of non-nuclear power producers?

    <p>Earthlife Africa v Minister of Energy 2017 (5) SA 227 (WCC)</p> Signup and view all the answers

    What does 'in terms of legislation' refer to, as explained in M & G Media Ltd v 2010 FIFA World Cup Organising Committee South Africa Ltd?

    <p>Functions performed in accordance with legislation</p> Signup and view all the answers

    Which type of action involves decisions made by political parties that do not qualify as administrative action?

    <p>Private action</p> Signup and view all the answers

    What distinguishes the decision in Van Zyl v New National Party from the decision in Earthlife Africa v Minister of Energy?

    <p>The classification as administrative or non-administrative action</p> Signup and view all the answers

    Does the decision of the Competition Commission to refer a matter to the Competition Tribunal qualify as administrative action?

    <p>No, it is considered executive action</p> Signup and view all the answers

    Does the award of a state tender amount to administrative action?

    <p>Yes, it constitutes administrative action</p> Signup and view all the answers

    Is contracting without a tender by the state considered administrative action?

    <p>Yes, it is categorized as administrative action</p> Signup and view all the answers

    What type of action do several High Court judgments suggest the removal of directors of state-owned entities constitutes?

    <p>Administrative action</p> Signup and view all the answers

    In the case involving AllPay Consolidated Investment Holdings v Chief Executive Officer, South African Social Security Agency, was the decision to discontinue the tender process considered administrative?

    <p>Yes, it was an administrative decision</p> Signup and view all the answers

    Which case(s) endorsed the approach that an agreement between minibus taxi associations and the provincial taxi registrar does not amount to administrative action?

    <p>Mzamba Taxi Owner's Association v Bizana Taxi Association</p> Signup and view all the answers

    In which case did the court determine that a notice to landowners setting out the amount of compensation as determined by the Office of the Valuer-General does not constitute an administrative decision?

    <p>Emakhasaneni Community v Minister of Rural Development and Land Reform</p> Signup and view all the answers

    What is one of the specified steps that must have been completed in the decision-making process according to the text?

    <p>The subject must have addressed a final application, request, or claim to an authority.</p> Signup and view all the answers

    Which of the following is NOT a case cited in the text to endorse a particular approach?

    <p>Bhugwan v JSE Limited</p> Signup and view all the answers

    Which case highlighted that an agreement between minibus taxi associations and the provincial taxi registrar does not constitute administrative action?

    <p>Mzamba Taxi Owner's Association v Bizana Taxi Association</p> Signup and view all the answers

    In the mentioned cases, which situation does not amount to administrative action?

    <p>Notice setting out compensation amount by the Office of the Valuer-General</p> Signup and view all the answers

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