a tl2 6:01 administrative law page one zero two of the study guide section 7.3 dealing with the powers of the administrator the powers of the administrator will be discussed under the following headings seven point three point one the powers of the administrator prescribed by law point to the geographical area of place with administrator must exercise power point three the time within which the administrator must exercise the power point for the object or subject matter of the power / authority point five prohibition of restriction on the abuse of power by the administrator and various forms of abuse of power point six and three point five point one five point one an authorized or ulterior purpose point five point to exercise power exercising power using an unauthorized procedure point five point three exercising power using ulterior motives exercising power using ulterior motives point six the administrator and the exercise of power in bad faith mullah fee DS seven point three point one the powers of the administrator prescribed by law it must be clear by now that the administrator is not allowed to take any administrative action that has not been authorized by law we have also learned that the description or content of what the administrator is authorized by law to do in a particular situation is found in the empowering statute for example the refugees act see an extra see sets out the powers of the administrators who deal with the admission of refugees to this country repeat for example the refugees Act sets out the powers of the administrators who deal with the admission of refugees to this country however we must we have to keep in mind that when the administrators powers are interrupted common law rules which form part of the rules of interpretation of statutes are used repeat we must keep in mind that when the administrative powers are interrupted common law rules which form part of the rules of the interpretation of statutes are used these rules assist in determining the scope and content of the authoritative statute powers over the years the courts have applied and developed the rules relating to statutory authority in accordance with the general principles of administrative law repeat over the years courts have applied and developed the rules relating to statutory authority in accordance with the general principles of administrative law for these reasons we say that the content and scope of administrative Authority the powers depend on the following so the scope and content of administrative Authority which is the powers depend on the following a the statute in question of course and of course the Constitution which provides the framework with within which the powers are exercised through the concept of constitutional legality repeat a the statute in question and of course the Constitution which provides the framework within which the powers are exercised through the concept of constitutional legality be the appropriate rules of statutory interpretation the appropriate rules of statutory interpretation since you learn more about these rules of statutory interpretation the interpretation of statutes module we will not expand of it here see the general principles of administrative law as applied and developed by the courts the general principles of administrative law as applied and developed by the courts so let's repeat for these reasons we say that the content and scope of administrative law the content and scope of administrative law which is the powers depends on the following a the statute in question and of course the Constitution which provides the framework within which the powers are exercised through the concept of constitutional legality be the appropriate rules of of statutory interpretation the appropriate rules of statutory interpretation in the empowering legislation we will find provisions which demarcates or delimit the administrators powers we will find provisions which demarcate or delimit the administrators powers administrators powers to one the geographical area within which or where he or she must exercise his or her powers the place in other words the place where these powers must be exercised point to the time within which these powers must be exercised the time within which these powers must be exercised and lot thirdly the object that is the subject matter of the action the object that is the subject matter of the action so the empowering legislation we will find in the empowering legislation we will find provisions which demarcate or delimit the administrators powers in empowering legislation we will find provisions which demarcates or delimit the administrators powers as to I the geographical area within which or where he or she must exercise his or her powers the geographical area where he or she must exercise their powers the geographical area the time in which they must within which these powers must be exercised and lastly the object that is the subject matter of the action the geographical area or place where the administrator must exercise the power where an administrator is empowered to carry out administrative action are taking out decisions to perform certain functions and to exercise powers within a specific geographical area the administrator must keep within the boundaries thus prescribed the time within which the administrator must exercise power if a specific time is prescribed for the performance of his or her functions the administrator has no authority to exceed the time limits prescribed the administrator has no authority to exceed the time limits prescribed a rule which falls under this heading is the administrative action must be prospective a rule also falls under this heading is that the administrative action must be prospective therefore applying to the future and not retrospective that is relating to past actions the rule against retrospective 'ti repeat the rule which also falls under this heading is that administrative action must be prospective therefore applying to the future and not retrospective that is relating to past actions the rule against retrospective 'ti any action will have retrospective effect only where the administrator has empowered by statute to make it retrospective repeat any action will have retrospective effect only where the administrator has been empowered by statute to make it retrospective the reason behind this rule is that any administrative action which is retrospective will affect existing rights privileges and freedoms repeat the the reason behind this rule is that any administrative action which is retrospect retrospective will affect existing rights privileges and freedoms the object or subject matter of the power / Authority the object or subject matter of the power / Authority requirements which relate to the subject matter of the administrators power or authority relate to the object of the administrative law relationship repeat in other words they relate to the rationale or reason why the administrator is exercising his or her power all the purpose for which the power was created or granted we find that the subject matter of the power to decide about something for example to issue a license or to make an order is usually described with precision in the empowering act repeat we you we find that the subject matter of the power to decide about something for example to issue a license or to make any order is usually described with precision in the empowering act you will recall that we said earlier that the rules of statutory interpretation sometimes come into the picture to assist in establishing the power was of the administrator this will happen when the boundaries of the administrators powers are not sufficiently clear or clearly defined an empowering act and these rules are called upon to assist as we have said we will not go into them here prohibition of restriction on the on the abuse of power by the administrator the inquiry into the subject matter of the administrators powers / Authority leads us to the following question what happens when the administrator abuses his power or to put it differently what happens when the administrator abuses his or her discretion there are various forms of abuse of power by the administrator whatever the form of abuse one feature is in evidence in all the forms of abuse relating to the administrators actions the abuse relates to the misuse of discretion miss use of discretion the following of forms of abuse of power by the administrator a exercising power with an unauthorized or ulterior motive with an unauthorized or ulterior motive be exercising power then I'm using an unauthorized procedure exercising power then unauthorized CJ and lastly exercising power using ulterior motives to defeat the purpose of the law using power exercising power using ulterior motives to defeat the purpose of the law expressed in Latin terms in freedom leaders using ulterior motives to defeat the purpose of the law using ulterior motives to defeat the purpose of the law repeat the following are forms of abuse of power by the administrator the following of forms of abuse of power by the administrator a exercising power with an unauthorized or ulterior motive exercising power with an unauthorized or ulterior motive Waltair purpose exercising power with an unauthorized procedure exercising power using ulterior motives to defeat the purpose of the law exercising power using ulterior motives to defeat the purpose of the law expressed in Latin in the Latin phrase freedom leaguers freedom Regas please note we will refer back to these forms of abuse of discretion when we discuss the grounds of review provided for in section 6 of the P a J a unauthorized or ulterior purpose that's the first one I'm authorized or ulterior purpose what is meant when it is said that the administrator exercises his or her power with an unauthorized or ulterior purpose what is meant when it is said that the administrator exercises his or her power with an unauthorized or ulterior purpose so what does it mean unauthorized ulterior purpose as we have learned the administrator must exercise his or her power for an authorized purpose the administrator must exercise is of a power for an authorized purpose the administrator must use his or her power for the object identified in the empowering act repeat the administrator must use his or her power for the object identified in the empowering act I must use that power they must use their power for the object in the empowering act that's very important they must use his or her power for the object in the empowering act when the administrator you his or her power for a purpose other than that set out in the enabling statute the action amounts to the abuse of a power for an unauthorised purpose the action amounts to an abuse of power for an unauthorised purpose you will encounter the terms unauthorised purpose an authorized purpose and ulterior purpose in relation to the abuse of power by an administrator these two terms mean the same thing although we need to keep in mind that the word ulterior ulterior has a negative connotation implying an underhand or clandestine action for our purposes however we will regard two words as synonymous to indicate that the administrator may not exercise his or her power for a purpose to achieve a goal not set in the empowering act to indicate that the administrator may not exercise his or her power may not exercise his or her power for a purpose to achieve a goal not set out in the empowering act see below for a more extensive explanation to avoid confusion we use the term unauthorised purpose only notice I'm authorized purpose only an authorized purpose only Baxter quoting from Aranea surfed estates limited versus Cape Town Council wrote as follows it is a well-established principle a well-established principle of all sub African law that powers give a public body for one purpose cannot be used for ulterior purposes which are not contemplated at the time when the powers were conferred repeat it is a well-established principle of South African law that powers given to a public body for one purpose cannot be used for ulterior purposes which are not contemplated at the time when the powers were conferred which one this is now Baxter quoting from the case arranges our estates versus Cape Town City Council Rania's active States versus Cape Town City Council this is Baxter that's quoting from that case when an administrator exercises his or her powers for an unauthorised purpose the legal force of the empowering statute is extended in an unauthorized manner repeat when an administrator exercises his or her powers for an unauthorised purpose the legal force of the empowering statute is extended in an unauthorized manner the legal force of the statute is extended in an unauthorized manner in an unauthorized manner in other words the administrator takes over the functions of the legislature by extending the legal force of the particular legislation the test for determining whether that ministry has used his or her power to achieve what the authorized purpose is objective repeat the test for determining whether the administrators used his or her power to achieve the authorized purpose is objective this means that we do not ask whether the administrator thought or believed that he was serving the authorized purpose but rather whether objectively speaking the authorized purpose had been achieved will repeat this does not mean that we do not ask whether the administrator thought or believed he was serving the authorized purpose but rather whether objectively speaking the authorized purpose the authorized purpose had been achieved objectively speaking whether the authorized purpose had been achieved the proof of unauthorized purpose therefore depends on the results or effects of the exercise of power the proof of unauthorised purpose depends on the results or effect of the exercise of power note to that an administrator who exercises his or her power for an unauthorized purpose does not necessarily have a fraudulent deceitful or dishonest or even a sinister or evil intention he may be acting in absolute good faith bona fides when exercising power for an unauthorised purpose repeat note - that an administrator who exercises his or her power for an unauthorised purpose for an unauthorised purpose does not necessarily have a fraudulent deceitful or dishonest or even sinister intention he may be acting in absolute good faith he may be acting in absolute good faith Berner fidei when exercising power for an unauthorised purpose nevertheless the exercise of administrative power for an unauthorised purpose amounts to an invalid action repeat the exercise of administrative power for an unauthorised purpose amounts to an invalid action the exercise of administrative power for an unauthorised purpose amounts to in valid action the furtherance of an unauthorised purpose remains unauthorized or unlawful no matter how commendable or loud herbal the intention of the administrator may be the furtherance of an unauthorised purpose Rumi remains unauthorized or unlawful no matter how commendable or laudable the intention of the administrator may be case law provides the following examples of the exercise of power for an unauthorised purpose case law provides the following examples of the exercise of power for an unauthorised purpose exercise of power for an unauthorised purpose in University of Capetown versus ministers of Education and Culture which is the house of assembly and House of Representatives 1988 the Minister of Education stopped payment of state subsidies to the University on the basis that the university had not uphold an order on campus repeat University of South Africa versus the University of Cape Town versus Minister of Education and Culture the Minister of Education stopped payment of state state subsidies to the University on the basis that the university had not upheld the law and order on campus the university had not upheld the law and order on campus the power was exercised in second terms of section 25 of the University Act 61 of 1955 the university argued that the purpose of the payment of subsidies was to promote tertiary education and not to uphold law and order on campus the court found that the minister old conditions were indeed invalid hence since the purpose behind them the promotion of law and order did not coincide with the purpose of the Act which was to promote higher education repeat the court found that the minister all conditions were indeed invalid the court found that the minister all conditions were indeed invalid and the purpose behind them the promotion of law and order did not coincide with the purpose of the Act which was to promote higher education the purpose of the Act was to promote higher education in Rik hoto this is non page 107 in Rick or I ke h OT o rick hoto versus East Rand administration Board 1983 the erstwhile administration Board had implemented section 10 1 B of the blacks urban consolidation Act 25 of 1945 now repealed in such a way as to exclude the applicant from qualifying as a resident in the prescribed area the applicant alleged that he had worked in the area for one employer continuously for a period of not less than 10 years which meant that he qualified as a resident as defined in the act the court rejected the respondents allegation that the applicant had not worked for the one employer continuously respondent alleged that the call-in procedure the procedure whereby certain workers were required to renew the service contracts had created periodic breaks and Terms of Service the court found that the respondent and its officials were not empowered to rely on the call-in procedure as a means of frustrating the purpose of section 10 1b in Kassem versus commanding officer Kasim versus commanding officer the power to revoke prisoners privileges power to revoke prisoners privileges in the event of abuse of those privileges was improperly used punish prisoners for other transgressions the event of abuse of those privileges was improperly used to punish prisoners for other transgressions we find that the administrator usually uses an unauthorized procedure when the proper and correct procedure is more difficult time-consuming and cumbersome repeat we find that the administrator usually uses an unauthorized procedure when the proper and correct procedure is more difficult time-consuming and cumbersome the administrator then circumvents this correct by difficult procedure by using a shortcut the form of this form of abuse of power actually undermines the law and boiled down to action in freedom leaguers boils down to action in fraud amiga's we find the following examples of the exercise of power of the exercise of power using an unauthorized procedure which is the shortcut and we find examples of this in case law the following case law in Van collar versus administrator Transvaal van collar versus administrator Chrome's fall the director of education transferred and educator whose conduct had elicited many complaints to another post instead of taking disciplinary steps against him the director of Education transferred an educator whose conduct had elicited many complaints to another post instead of taking disciplinary steps against him the court found that this amounted to a disciplinary measure against the educator it amounted to a disciplinary case against the educator in transferring the educator in transferring the educator the director circumvented the rules of natural justice in transferring the educator the director circumvented the director therefore acted unlawfully by taking the shortcut of transferring the educator the director therefore acted unlawfully by taking the shortcut of transferring the educator rather more complex procedure in line with natural justice and prescribed in disciplinary yaling hearings was sidestepped repeat the director therefore acted unlawfully by taking a shortcut of transferring the educator while the more complex procedure in line with natural justice and prescribed in disciplinary hearings was proposed sidestepped practice or in Pretoria City Council versus mere last investments the court found that the City Council had relied on a private law purchase and the sale procedure to enforce an expropriation of property in other words the City Council had not used the proper procedures repeat in Pretoria City Council versus mere last investments but court found that the City Council had relied on a private law purchase and the sale procedure to enforce an expropriation of property in other words the City Council had not - used the proper procedures yet another form of abuse of power by the administrator occurs when in exercising power he or she uses ulterior motives to defeat the law they use ulterior motives to defeat the law this form of abuse is expressed in a Latin phrase for them leaguers that's expressed in the legal phrase fraud 'm leaguers this form of abuse is called fordham leaders