Administrative & Constitutional Law
While the firm does not have an established department for these areas, our team has experience in assisting clients with matters which have an aspect of administrative and constitutional law.
Our activities include:
- Conducting extensive human rights research and training, including, but not limited to, the Bill Of Rights and the dynamics of a constitutional state
- Providing legal work and the drafting of opinion especially for organs of state) with the approach of assisting in upholding and conforming to constitutional principles and administrative fairness.
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What is the constitutional law of South Africa?
The Constitution is the supreme law
South Africa is a constitutional democracy. This means the Constitution is the highest law of the land. Parliament cannot pass a law which goes against the Constitution. No person, not even the President, can go against it.
What are the 7 elements of administrative action?
The seven elements of administrative action in South Africa, as outlined by PAJA, require that the action be taken by an organ of state or public official exercising public power, materially affecting rights or legitimate expectations, and not excluded by law. It must be lawful, reasonable, and procedurally fair, with a rational connection to its purpose and evidence. Certain exclusions, such as legislative and judicial functions, apply, ensuring accountability and fairness in public decision-making processes.
What is Section 33 of the Constitution?
Section 33 of the Constitution, just administrative action:
Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.
What are the three requirements which administrative action must meet?
As we’ve seen, the Constitution says administrative action must be lawful, reasonable and procedurally fair and that reasons must be given for administrative action that adversely affects rights.
Why does South Africa have an energy crisis?
The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms. (b) Non-racialism and non-sexism. (c) Supremacy of the constitution and the rule of law.
