Bias in administrative decision making: focusing on local government
| dc.contributor.advisor | Corder, Hugh | |
| dc.contributor.author | Smit, Henrietta Augusta | |
| dc.date.accessioned | 2021-11-22T06:48:01Z | |
| dc.date.available | 2021-11-22T06:48:01Z | |
| dc.date.issued | 1997 | |
| dc.date.updated | 2021-11-22T06:21:33Z | |
| dc.description.abstract | The Centre for Local Government Training, Western Cape, has been running a training/orientation programme for local government councillors since the beginning of 1996. ' As part of this programme, I have had the opportunity to conduct the training of a basic module on local government and administrative law for several transitional local councils. From the numerous questions asked in this regard, it soon became clear that many councillors were uncertain as to when they had to recuse themselves from council meetings on the grounds of bias, or a possibility of bias. Not surprisingly, as the test for bias in non-judicial administrative decision making is far from clear, even to lawyers, many councillors appeared to have difficulty in applying the test to their personal circumstances. It is hoped that this dissertation, in shortened and simplified form, can serve as a practical guide to councillors in this regard. After all, prevention is better than cure, and any unnecessary court proceedings that can be avoided, will be saving the ratepayers thousands of rands. At the outset, the rules of natural justice will be briefly discussed, as well as section 33 of the Constitution of the Republic of South Africa, no 108 of 1996. This will be followed by a detailed discussion of the rule against bias: including the test to be applied; the grounds for the appearance of disqualifying bias illustrated by a discussion of case law; the issue of departmental bias; the consequences of impermissible bias; and the doctrine of necessity. The focus will then move to local government, and the relevant legislation as expounded by the courts. Finally, the consequences of a biased decision in local government will be looked at, and the constitutionality of certain sections of the local government ordinances questioned. | |
| dc.identifier.apacitation | Smit, H. A. (1997). <i>Bias in administrative decision making: focusing on local government</i>. (). ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/35323 | en_ZA |
| dc.identifier.chicagocitation | Smit, Henrietta Augusta. <i>"Bias in administrative decision making: focusing on local government."</i> ., ,Faculty of Law ,Department of Private Law, 1997. http://hdl.handle.net/11427/35323 | en_ZA |
| dc.identifier.citation | Smit, H.A. 1997. Bias in administrative decision making: focusing on local government. . ,Faculty of Law ,Department of Private Law. http://hdl.handle.net/11427/35323 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Smit, Henrietta Augusta AB - The Centre for Local Government Training, Western Cape, has been running a training/orientation programme for local government councillors since the beginning of 1996. ' As part of this programme, I have had the opportunity to conduct the training of a basic module on local government and administrative law for several transitional local councils. From the numerous questions asked in this regard, it soon became clear that many councillors were uncertain as to when they had to recuse themselves from council meetings on the grounds of bias, or a possibility of bias. Not surprisingly, as the test for bias in non-judicial administrative decision making is far from clear, even to lawyers, many councillors appeared to have difficulty in applying the test to their personal circumstances. It is hoped that this dissertation, in shortened and simplified form, can serve as a practical guide to councillors in this regard. After all, prevention is better than cure, and any unnecessary court proceedings that can be avoided, will be saving the ratepayers thousands of rands. At the outset, the rules of natural justice will be briefly discussed, as well as section 33 of the Constitution of the Republic of South Africa, no 108 of 1996. This will be followed by a detailed discussion of the rule against bias: including the test to be applied; the grounds for the appearance of disqualifying bias illustrated by a discussion of case law; the issue of departmental bias; the consequences of impermissible bias; and the doctrine of necessity. The focus will then move to local government, and the relevant legislation as expounded by the courts. Finally, the consequences of a biased decision in local government will be looked at, and the constitutionality of certain sections of the local government ordinances questioned. DA - 1997 DB - OpenUCT DP - University of Cape Town KW - Private Law LK - https://open.uct.ac.za PY - 1997 T1 - Bias in administrative decision making: focusing on local government TI - Bias in administrative decision making: focusing on local government UR - http://hdl.handle.net/11427/35323 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/35323 | |
| dc.identifier.vancouvercitation | Smit HA. Bias in administrative decision making: focusing on local government. []. ,Faculty of Law ,Department of Private Law, 1997 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/35323 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Private Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Private Law | |
| dc.title | Bias in administrative decision making: focusing on local government | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |