The functus officio doctrine and invalid administrative acts in South African administrative law: the demand for a more flexible approach
Loading...
Date
2020
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Nelson R Mandela School of Law
Abstract
In South African administrative law, the issue of invalid administrative action in relation to the application of the doctrine of functus officio has brooked a fair amount of debate. Whilst the courts have attempted to articulate an appropriate approach to be adopted regarding the variation or revocation of invalid administrative action, the issue remains one that is often fraught with a degree of uncertainty. A decision once made by an administrator, which is final, cannot be revisited in the absence of statutory authority.
Description
Keywords
Functus officio, Invalid administrative action, Legality, Certainty, Administrative efficiency
Citation
Henrico, R. (2020). The functus officio doctrine and invalid administrative acts in South African administrative law: the demand for a more flexible approach. Speculum Juris, 34(2), 115-129