Administrative Law (ADL)

Nature, Scope & Purpose

1. Basic principle of ADL

1. 2. 3. 4. State authority Administrative action Just administrative action Control of administrative action

2. What is ADL?
Explaining the nature or essence of ADL, its ambit & function easy task ADL covers wide field Permeates every part of the legal system Presence felt in everyday life. Lets try to unravel ADL

3. Activity
Refer to the following scenarios, and answer the following questions. (1) Are there legal relationship present in each scenario? Write down, for each scenario, the person(s) and bodies (institutions) that form this relationship. (2) Are all the parties involved in this relationships acting on equal terms? If not, what distinguishes these relationships from those in which parties act on equal terms? (3) Describe the administrative action in each scenario? (4) Was the action prescribed by law? (5) Did the action comply with the requirements of the law? How do you know? (6) How can the action be corrected (controlled)

Scenario 1
Dr. X is accused of sexually touching one of his patients. The patient complains to the Medical Board of Namibia as well as to the police. The Board writes to Dr. X requesting a written explanation of his behaviour. Dr. X complies. The next week he receives a letter from the Board advising him that his right to practice is suspended pending the finalization of the criminal proceedings against him.

Scenario 2
Rosalia applies in writing for maternity leave benefits pursuant to the Social Security Act. Her application is denied by the Social Security Commission. She receives a letter advising her of the denial.

Scenario 3
For Nadine Coleman, January 14, 2005 should have been a day to look forward to. It was on that day that she was supposed to fly to London for a holiday with her aunt. That visit to one of the great cities of the world was not to be, though. Instead, immigration officers detained her at Hosea Kutako International Airport, brought her back to Windhoek and had her locked up in the city's notoriously filthy and grim Wanaheda Police Station cells for a week. Her crime? According to what Coleman's guardian informed the High Court in an affidavit last week, the arrest and summary detention was because immigration officials had decided that Coleman did not look like a Namibian to them, and thus she had to be an illegal immigrant. (Source: The Namibian, January 28, 2005)

Scenario 4
Ngato is a painter. He applies in writing to renew his grant funding from the National Arts Council of Namibia (NACN). He receives a phone call from an employee from the Council informing him that he can expect that his funding will be renewed. Ngatos funding is not renewed.

Purpose of ADL
ADL subject Executive internal & external regulatory control Control functions to: holds the executive accountable minimises bureaucratic abuse of power ensures democratic control improves the quality of the administration inform the public legitimize administration action protects and promote human rights Others?