Doctrine Of Ultra Vires In Administrative Law South Africa

The doctrine of ultra vires is produced by the constitutional principles of the rule of law the sovereignty of parliament and the independence of the judiciary.

Doctrine of ultra vires in administrative law south africa. In this article i will analyse the direction south africa has taken in the development and application of the ultra vires doctrine and whether the legislature has provided certainty on this topic. The doctrine of ultra vires and the doctrine of con structive notice. After years of the ultra vires doctrine frustrating commercial dealings and prejudicing outsiders parliament saw fit to effectively abolish it by enacting s 36 of the companies act 61 of 1973 the 1973 act. An act legal in itself but not authorized by the object clause of the memorandum of association of a company or statute is ultra vires the company.

Section 20 1 of the 2008 act has. Beyond the powers is a latin phrase used in law to describe an act which requires legal authority but is done without it. With recent changes in the form of the new companies act of 2008 new light has been brought to the continued evaluation of this doctrine. The doctrine envisages that an authority can exercise only so much power as is conferred on it by law.

The doctrine of ultra vires and judicial review of administrative action. This doctrine can be considered as the central principle in the whole of administrative law. By two key common law doctrines. The doctrine of ultra vires is the basic doctrine in administrative law.

Hence it is null and void. Summing up the doctrine of ultra vires. An act ultra vires the company cannot be ratified even by the unanimous consent of all shareholders.