Course Hero Logo

Administrative Law Assignment 1.pdf - 201503114_JAD3660_1...

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 1 - 5 out of 12 pages.

201503114_JAD3660_1iCODeL ASSIGNMENT COVER2020 ACADEMIC YEARCourse/Module NameCourse/ModuleCodeADMINISTRATIVE LAWJAD3660Assignment no(e.g. 1, 2 or 3, etc.).1Student NameAMUTENYA IMMANUEL AUSIKUStudent number201503114Email Address[email protected]Cell/Tel no+26481 471 6500CODeL CentreKatima Mulilo Centre
201503114_JAD3660_1iiABSTRACTThis paper explores the nature of an administrative agency/ body in the Namibian legalcontext. It has defined what is referred to as the administrative body within theprovision of Article 18 of the Constitution of Namibia. Throughout this paper I havebeen making references to the Namibian Police Act,1990 as enabling legislation andthe Namibia Police Force an administrative body that I have chosen as a case study.The paper further looks into the public power and public functions, the classification ofadministrative powers, the doctrine of the separation of powers and its applicability tothe Namibian Police Force, as well on the position of law with regard to delegation andsub-delegation of powers within the Force.
201503114_JAD3660_1iiiTable of ContentsABSTRACT................................................................................................................................................ii1.What Is an Administrative Agency?...............................................................................................12.Difference Between Public Power and Public Function................................................................23.Inherent Problems in The in The Classification of Administrative Power....................................44.The Applicability of The Doctrine of Separation of Power...........................................................55.The Idea of Constitutional Supremacy..........................................................................................56.Conditions Under Which Power Is Said to Be Properly Delegated...............................................67.Circumstances Under Which the Donee of Power Shall be Competent to Sub-Delegate Power78.The rule against sub-delegation and the checks on the excess of administrative agencies.......8References..............................................................................................................................................9
1. What Is an Administrative Agency?In the Namibian legal context, administrative bodies are State institutions and Statefunctionaries which the Constitution expressly and specifically mentions in Article 181,and are subject to judicial review in terms of this Article.2Though the Constitution ofNamibia in Article 18 of did not provide an expressive definition of an administrativeagency or body, Article 933provides a concise definition of a term‘Official’as statedin Article 18. A similar definition is provided in the Constitution of South Africa inS239which defines anorgan of the Stateas:(a) Any department of State or administration in the National, Provincial or localsphere of government; or(b) Any other functionary or institution(I)Exercising a public power or performing a public function in terms ofthe Constitution or a Provincial Constitution; or(II)Exercising a public power or performing a public function in terms ofany legislation but does include a court or a judicial officer.In the South African context, in establishing whether an entity is indeed anadministrative agency (state functionary or state institutions), the courts concludedthree tests to determine their status as state functionaries, namely:4(a) The Control testNarrow test: The test, in short, is whether the state was incontrol.InDirectoryAdvertisingCostCuttersvMinisterofPost
Page | 1

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 12 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Spring
Professor
professor_unknown
Tags
Law, administrative agency, Namibian Police Force

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture