Public Administration and Administrative Law
Public Administration and Administrative Law tests the machinery of government and the legal limits on official action. Expect questions on the Establishments Code, Financial Regulations, the Public Service Commission, the secretariat system, natural justice and judicial review.
Core rules
- The Establishments Code governs appointment, discipline, leave and conduct; Financial Regulations govern imprest, procurement, custody of public property and write-offs.
- The Public Service Commission appoints, promotes and disciplines public officers; provincial public service commissions handle provincial services.
- Administrative action must be intra vires, procedurally fair and reasoned. Natural justice requires a hearing (audi alteram partem) and an unbiased decision-maker (nemo judex).
- Court of Appeal writs: certiorari quashes, mandamus compels, prohibition restrains, quo warranto tests authority, habeas corpus protects liberty.
Worked example
A licensing officer cancels a trader's licence after an anonymous complaint, without notice or hearing. Reasoning: the officer had power to license but exercised it unfairly. The trader can seek certiorari to quash the decision for breach of natural justice; mandamus may lie if the officer refuses to reconsider lawfully. A mere error of judgment on the merits is not enough.
Traps
- Treating judicial review as an appeal on facts.
- Confusing the Public Service Commission with the Cabinet.
- Citing Financial Regulations for disciplinary matters; that is the Establishments Code.
- Forgetting that reasons and notice are part of fair procedure.
- Assuming consultation with one party satisfies natural justice.