Decisions And Consequences: Taking On A Local Authority That Has Not Performed

In terms of section 33 of the Constitution of the Republic of South Africa Act No. 108 of 1996 ("the Constitution"), everyone is guaranteed the right to procedurally fair administration action. The Constitution, however, stops short of telling us what administrative action is and for the layperson the term is merely legal jargon. However, administrative action affects all of us on a daily basis. It is concerned primarily with the decisions that are made by the State in its various guises as, amongst others, a municipality, a government department, provincial council or the actions of various ministers both provincially and nationally. Therefore administrative action has far reaching consequences for a number of people on a daily basis. This would include, in the context of property transactions, decisions by local authorities concerning whether or not to issue certain certificates or information required to facilitate the sale of property by furnishing the correct information