n Annual Survey of South African Law - Administrative law




The enquiry into whether particular action amounted to administrative action as defined in section 1() of the Promotion of Administrative Justice Act 3 of 2000 ('PAJA') again dominated administrative law jurisprudence in 2010. As the overview below illustrates, the vast majority of decided cases dealt either exclusively or primarily with this issue. The trend in South African administrative law adjudication thus still seems to be highly formalistic and conceptual in terms of which the focus is largely on the identification of administrative action. Once that question has been answered the application of the actual rules of administrative law and formulating appropriate remedies follow almost on automatic pilot.


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