PBL6035S: ADMINISTRATIVE JUSTICE
COURSE SCHEDULE – 2007
As discussed, the programme of seminars on Tuesdays/Thursdays from
16h45 to 19h30 for this course will be as follows:
31st July
Introductory Meeting
7th August
Revision/Overview of the Development of the
General Principles of the Subject
14th August
Revision / Overview (completed)
21st August
No class
28 August
Basis of / justifications for Judicial review:
deference?
4th September
Procedural Fairness
11th September
Sources of Administrative Power
The Public/Private Divide?
18th September
Review for Reasonableness
25th September
Topic to be confirmed
2nd October
Comparative Administrative Justice
11th October (Thursday)
18th October
)
Law, Regulation and Transformation
(Prof. Benjamin)
23rd October
Review
______________________________________________________________
Assessment
Each student must complete:
(i)
an essay of less than 4 500 words on a topic set by me (due by 25th
September) (20%); and
(ii)
either another essay of less than 4 500 words, on a topic chosen and
researched by you but approved by me (due by 23rd October) or an
2
oral exam of 30 minutes duration on the whole of the course, held at
the end of October (20%); and
(iii)
OR
either a long paper of less than 7 500 words on a topic chosen and
researched by you (not the same as (ii)!) and approved by me (due by
14th November)
a three – hour written exam, arranged to suit those writing, but on
or before 14th November (60%)
Readings:
Copies of essential readings will be distributed. Supplementary readings will
be referred to in the course of seminars. Only the major cases have been
copied, in order to reduce costs. I assume that other cases referred to can be
accessed individually.
Hugh Corder
16 August 2007
3
University of Cape Town
Faculty of Law
Department of Public Law
PBL6035S: ADMINISTRATIVE JUSTICE
AUGUST 2007
READINGS
Revision / Overview
1.
2.
3.
H. Corder: ‘Towards Administrative Justice in a Future South Africa’ in
Empowerment and Accountability (1991) 12-21 and 79-83
H. Corder 'Administrative Justice: A Cornerstone of South Africa's
Democracy' (1998) 14 SAJHR 38-59
South African Law Commission Project 24: Investigation into the courts’
powers of review of administrative acts: supplementary report - October
1994.
Basis of / Justifications for Judicial Review
4. E. Mureinik 'Reconsidering Review: participation and Accountability' (1993) Acta
Juridica 35-46
5. D. Dyzenhaus 'The Politics of Deference: Judicial Review and Democracy' in M
Taggart (Ed) The Province of Administrative Law (1997)
6. A. Henderson 'The Curative Powers of the Constitution: Constitutionality and the
New Ulta Vires Doctrine in the Justification and Explanation of the Judicial
Review of Administrative Action' (1998) 115 SALJ 346
Procedural Fairness
7. Van Wyk ‘Administrative Justice in Bernstein v Bester and Nel v Le Roux SJHR
8. J. Grogan ‘Audi After Traub’ (1994) 111 SALJ 80-96
9. H. Corder ‘The content of the audi alteram partem rule in South African
administrative law’ (1980) 43 THRHR 156-176
The Public / Private Divide
10. A. Cockrell ‘Can you paradigm?’ – Another perspective on the public law/private
law divide
11. D. Pretorius ‘The defence of the realm: contract and natural justice’ (2002) 119
SALJ 374-399
12. M. Taggart ‘Corporatisation, privatisation and public law’ (1991) 2 Public Law
Review
13. D. Oliver ‘The underlying values of public and private law’
4
Reasonableness Review
14. D. Davis ‘To Defer and then When? Administrative Law and Constitutional
Democracy’ 2006 Acta Juridica 23
15. Cora Hoexter Administrative Law in South Africa (2007) Ch 6
16. Trevor Allan ‘Common Law Reason and the Limits of Judicial Deference’ in
Dyzenhaus (Ed) The Unity of Public Law
Comparative Administrative Justice
17. David J Mullan ‘Deference: Is it useful outside Canada?’ 2006 Acta Juridica 42
18. Shivaji Felix ‘Engaging Unreasonableness and Proportionality as Standards of
Review in England, India and Sri Lanka’ 2006 Acta Juridica 95
19. J. Chan ‘A Sliding Scale of Reasonableness in Judicial Review’ 2006 Acta
Juridica 233
20. Robin Creyke ‘Administrative Justice: Beyond the Courtroom Door’ 2006 Acta
Juridica 257
21. Cheryl Saunders ‘ Apples, Oranges and Comparative Administrative Law’ 2006
Acta Juridica 423
The following cases are essential reading:
Basis of / Justification for Judicial Review
Fedsure Life Assurance and Others v Greater Johannesburg Transitional Metro
Council and Others 1998(12) BCLR 1458 (CC); 1999 (1) SA 374 (CC)
President of the RSA and Others v SARFU and Others 2000 (1) SA 1 (CC); 1999 (10)
BCLR 1059 (CC)
Pharmaceutical Manufacturers Association of SA and Another: In re Ex parte
President of the RSA and Others 2000 (2) SA 674 (CC); 2000 (3) BCLR 241 (CC)
Permanent Secretary, Department of Education and Welfare, Eastern Cape and
Another v Ed-U-College (PE) (Section 21) Inc 2001 (2) SA 1 (CC); 2001 (2) BCLR
118 (CC)
Logbro Properties CC v Bedderson NO and Others 2003 (2) SA 460 (SCA)
Olitzki Property Holdings v State Tender Board and Another 2001 (3) SA 1247
(SCA)
Procedural Fairness
Administrator, Transvaal and Others v Traub and Others 1989 (4) SA 731 (A)
Premier, Mpumalanga and Another v Executive Committee, Association of Stateaided Schools, Eastern Transvaal 1999 (2) SA 91 (CC); 1999 (2) BCLR 151 (CC)
5
Minister of Public Works and Others v Kyalami Ridge Environmental Association
and Others 2001 (7) BCLR 652 (CC); 2001 (3) SA 1151 (CC)
Reasonableness Review
Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and
Others 2004 (4) SA 490 (CC); 2004 (7) BCLR 687 (CC)
Affordable Medicines Trust and Others v Minister of Health of RSA and Another 2005
(6) BCLR 529 (CC)
Minister of Health NO v New Clicks South Africa 2006 (2) SA 311 (CC)