Administrators can only take actions authorized by law.
Their powers are defined in the empowering statute (e.g., the Refugees Act).
Common law rules assist in interpreting statutes when administrative powers are ambiguous.
Courts have developed rules for statutory authority based on administrative law principles.
Scope and Content of Administrative Authority
Statute and Constitution: The statute defines power, and the Constitution provides the framework for exercising powers through constitutional legality.
Statutory Interpretation: Important rules help determine the scope of power, but these are not expanded upon here.
General Principles of Administrative Law: Developed and applied by courts.
Empowering Legislation Delimits Powers
Geographical area: Where the power must be exercised.
Time: When the power must be exercised.
Object: The subject matter of the action.
Exercise of Power
Administrators must adhere to geographical boundaries and time limits prescribed.
Powers must be exercised prospectively, not retrospectively, unless statute permits.
Prohibition on Abuse of Power
Various forms of abuse: misuse of discretion, unauthorized or ulterior purposes, and more.
Administrators should not exercise power for purposes not set in the empowering act.
Unauthorized or Ulterior Purpose
Meaning: Administrators must use power for the authorized purpose only.
Objective Test: Evaluates if the authorized purpose has been achieved regardless of the administrator's intentions.
Case Law Examples:
University of Cape Town vs. Minister of Education: Invalid conditions set by the minister for withholding subsidies.
Rick Hoto vs. East Rand Administration Board: Misuse of section 10(1)(b) to exclude an applicant.
Unauthorized Procedure and Ulterior Motives
Administrators sometimes use shortcuts to avoid cumbersome processes, undermining the law.
Examples of Abuse:
Van Coller vs. Administrator Transvaal: Unlawful transfer of an educator instead of disciplinary action.
Pretoria City Council vs. Mere Last Investments: Incorrect use of private law for expropriation.
Exercise of Power in Bad Faith (Mala Fide)
Using ulterior motives to defeat the purpose of the law, known as Fraudem Legis.
Conclusion
Administrators must exercise their powers within the legal framework provided by statutes and the Constitution.
Abuse of power, whether through unauthorized purpose, procedure, or ulterior motives, is unlawful and invalid.