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Cited for the proposition that the exercise of public power is subject to inherent constitutional constraint for legality.
Cited in relation to whether section 33 of the Constitution has a residual field of operation outside PAJA.
Cited as affording support for the construction that the Minister's decision constituted administrative action.
Cited as affording support for the construction that the Minister's decision constituted administrative action.
Cited for the general definition of administrative action as involving the conduct of the bureaucracy in carrying out daily functions of the state with direct…
Cited for the meaning of 'adversely affect the rights' in PAJA section 1, namely that administrative action has the capacity to affect legal rights.
Cited on the nature of public power.
Cited for the proposition that decisions on land use are logically anterior to obtaining consents, and that absence of consent does not invalidate the decision.
Cited for the principle that administrative action does not extend to the ordinary exercise of judicial powers.
Cited for the principle of legality constraining the exercise of public power.
Cited for inherent constitutional constraints on the exercise of public power and the meaning of administrative action.
Followed for the proposition that disposal of a right in state property constitutes administrative action; court finds no material distinction from the present…
Cited with approval for the requirements of legitimate expectation from National Director of Public Prosecutions v Phillips.
Distinguished by the court in Logbro Properties CC v Bedderson NO.
Cited for the proposition that PAJA's definition must be construed consistently with section 33 of the Constitution to avoid constitutional invalidity.
Cited for the proposition that 'rights' may have a wider connotation in the context of administrative justice.
Cited as affording support for the construction that the Minister's decision constituted administrative action.
Cited for the proposition that the exercise of public power occurs on a continuum with no bright line marking the transition from one form to another.
Cited to explain that administrative action is the conduct of the bureaucracy carrying out daily State functions, occurring on a continuum with no bright line…
Applied on the interpretation of the definition of 'administrative action' in PAJA and on the concept of 'rights' in section 3(1) of PAJA.
Court cites this case for the meaning of direct external legal effect in the definition of administrative action under PAJA.
Cited for the distinction between executive and administrative action.
Cited in support of the definition of administrative action under PAJA.
Applied for the seven requirements that must be met for conduct to constitute administrative action under PAJA.
Court applies the principle that administrative action requires direct and immediate consequences and direct or external legal effect; cited for propositions…
The court applies and adopts Grey's Marine's consolidated and abbreviated definition of administrative action.
Cited to support the principle that whether conduct constitutes administrative action depends primarily on the nature of the power exercised rather than the…
Cited for the definition and requirements of administrative action as defined in the PAJA.
The court applies principles regarding the definition of administrative action under PAJA.
Cited for the definition of administrative action in the Promotion of Administrative Justice Act 3 of 2000.
The court applies this case's consolidated definition of administrative action and its interpretation that 'adversely affects' means action with the capacity…
Cited for the definition of 'adversely affects' in the definition of administrative action, requiring that action affects legal rights and has direct and…
Cited for the principle that administrative action has a direct external legal effect, and that notices without such effect are merely internal administrative…
Applied for the approach that administrative action is the conduct of the bureaucracy in carrying out the daily functions of the State, and for interpreting…
Endorsed the broad interpretation of 'direct, external legal effect' in the definition of administrative action under PAJA.
Cited to summarise administrative action as the conduct of the bureaucracy in carrying out the daily functions of the State with direct and immediate…
Cited for the principle that cancellation of a tender before adjudication depends on whether the decision has direct, external legal effect.
Cited for the interpretation of the definition of 'administrative action' under PAJA.
Court cites this case for the definitions of 'administrative action' and 'decision' under PAJA.
Applied to explain the elements of administrative action and the distinction between formulation and execution of policy
Cited by Nugent JA for the proposition that PAJA's definition of administrative action referring to decisions that 'adversely affect the rights of any person'…
Cited for the test of whether rights are adversely affected and whether a decision has an external legal effect, and for the meaning of a decision of an…
Cited for the definition of administrative action and the concept of a 'decision' under PAJA.
Cited for the definition of administrative action as the conduct of bureaucracy in carrying out daily functions of the State with direct and immediate…
The case is applied to explain the distinction between executive and administrative action, and to outline the approach to determining whether particular…
Applied the dictum that whether conduct constitutes administrative action depends on the nature of the power being exercised rather than the identity of the…
Cited for the principle that administrative action involves conduct of the bureaucracy having direct and immediate consequences for individuals or groups of…
Cited by the high court to support the proposition that no right was implicated in an application that was not the appellant's because the granting of…
Court cites this case for its description of the definition of administrative action in PAJA as simultaneously cumbersome, convoluted and narrow in scope.
The court considers this case in relation to whether a decision to cancel a tender has a direct, external legal effect on legal rights, but finds it…
Court applies the definition of administrative action, emphasizing that at the core is the idea of a decision of an administrative nature taken by a public…
Cited for the proposition that administrative action is the conduct of the bureaucracy carrying out the daily functions of the State, with direct and immediate…
Cited for the proposition that what constitutes administrative action has always eluded complete definition and that whether particular conduct constitutes…
Followed for the interpretation that administrative action must have the capacity to affect legal rights and that the requirement of adversely affecting rights…
Cited for the proposition that tender awards constitute administrative action.
Cited for the proposition that identifying administrative action requires analysis of the nature of the public power or public function.
The court applies this case's principles to determine that the STB's decision constituted an administrative action as defined in PAJA because it was an…
Cited to explain the nature of administrative action as primarily depending on the power being exercised rather than the identity of the person exercising it,…
Cited for the general proposition that administrative action is the conduct of the bureaucracy in carrying out the daily functions of the State with direct and…
The court applies the principle from Grey's Marine that administrative action must have the capacity to affect the rights of a person, when determining whether…
Cited for defining administrative action as including action that has the capacity to affect legal rights.