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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 JulyIntroductory Meeting

7th AugustRevision/Overview of the Development of the

General Principles of the Subject

14th AugustRevision / Overview (completed)

21st AugustNo class

28 AugustBasis of / justifications for Judicial review:

deference?

4th SeptemberProcedural Fairness

11thSeptemberSources of Administrative Power

The Public/Private Divide?

18th SeptemberReview for Reasonableness

25th SeptemberTopic to be confirmed

2nd OctoberComparative Administrative Justice

11th October (Thursday)Law, Regulation and Transformation

18th October )(Prof. Benjamin)

23rdOctoberReview

______

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 oral exam of 30 minutes duration on the whole of the course, held at the end of October (20%); and

(iii)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)

OR 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

University of Cape Town
Faculty of Law
Department of Public Law

PBL6035S: ADMINISTRATIVE JUSTICE

AUGUST 2007

READINGS

Revision / Overview

1.H. Corder: ‘Towards Administrative Justice in a Future South Africa’ in

Empowerment and Accountability(1991) 12-21 and 79-83

2. H. Corder 'Administrative Justice: A Cornerstone of South Africa's

Democracy' (1998) 14 SAJHR 38-59

3.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

  1. E. Mureinik 'Reconsidering Review: participation and Accountability' (1993) Acta

Juridica 35-46

  1. D. Dyzenhaus 'The Politics of Deference: Judicial Review and Democracy' in M

Taggart (Ed) The Province of Administrative Law (1997)

  1. 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

  1. Van Wyk ‘Administrative Justice in Bernstein v Bester and Nel v Le Roux SJHR
  2. J. Grogan ‘Audi After Traub’ (1994) 111 SALJ 80-96
  3. H. Corder ‘The content of the audi alteram partem rule in South African administrative law’ (1980) 43 THRHR 156-176

The Public / Private Divide

  1. A. Cockrell ‘Can you paradigm?’ – Another perspective on the public law/private

law divide

  1. D. Pretorius ‘The defence of the realm: contract and natural justice’ (2002) 119

SALJ 374-399

  1. M. Taggart ‘Corporatisation, privatisation and public law’ (1991) 2 Public Law

Review

  1. D. Oliver ‘The underlying values of public and private law’

Reasonableness Review

  1. D. Davis ‘To Defer and then When? Administrative Law and Constitutional

Democracy’ 2006Acta Juridica 23

  1. Cora Hoexter Administrative Law in South Africa (2007) Ch 6
  2. Trevor Allan ‘Common Law Reason and the Limits of Judicial Deference’ in

Dyzenhaus (Ed) The Unity of Public Law

Comparative Administrative Justice

  1. David J Mullan ‘Deference: Is it useful outside Canada?’ 2006Acta Juridica 42
  2. Shivaji Felix ‘Engaging Unreasonableness and Proportionality as Standards of

Review in England, India and Sri Lanka’ 2006Acta Juridica 95

  1. J. Chan ‘A Sliding Scale of Reasonableness in Judicial Review’ 2006Acta

Juridica 233

  1. Robin Creyke ‘Administrative Justice: Beyond the Courtroom Door’ 2006Acta

Juridica 257

  1. 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 State-aided Schools, Eastern Transvaal1999 (2) SA 91 (CC); 1999 (2) BCLR 151 (CC)

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)