Gebreke in die appèlprosedures van die Wet op die Ingenieursweseprofessie / A. Faul

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dc.contributor.author Faul, Anthony
dc.date.accessioned 2011-06-22T09:54:22Z
dc.date.available 2011-06-22T09:54:22Z
dc.date.issued 2008
dc.identifier.uri http://hdl.handle.net/10394/4198
dc.description Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2009.
dc.description.abstract It is the aim with this paper, to research the shortcomings experienced in the appeal procedures as contained in the Engineering Profession Act ("EPA"), in order to determine whether the process should be revised or if only certain relevant sections of the EPA should be rewritten. Due to the administrative nature of certain duties of the Council as authorised by the EPA, it makes it inevitable that appeals will follow. It is therefore imperative that the procedures to appeal, must be both functional and effective. The relevant sections of the EPA as well as the appeal procedures of the Health Professions Act's will be researched, taking into account the stipulations of the Constitution and the Promotion of Administrative Justice Act ("PAJA"). Relevant legal administrative principles and doctrines, court judgments, as well as the views of authors are also taken into account. Two major areas of concern in certain sections of the EPA have been identified: • The fact that the whole council has to decide on appeals, and • the fact that such hearings have to take place within a very limited time frame. Relevant court findings have made it clear that decisions made by authorities, have to comply with the requirements set out in the Constitution in coherence with PAJA. In conclusion, based on the Constitutional and the legal administrative requirements, it is found to be necessary to rewrite the relevant sections of the EPA, as well as the rules of appeal, as these do not make the grade at present.
dc.language Afrikaans
dc.publisher North-West University
dc.subject Administrative law en_US
dc.subject Appeal procedures en_US
dc.subject Engineering Professions Act en_US
dc.subject Health Professions Act en_US
dc.subject Appeals en_US
dc.subject Review en_US
dc.subject Administrative rules and regulations en_US
dc.subject Legality en_US
dc.subject Ultra vires doctrine en_US
dc.subject Section 33 of the Constitution en_US
dc.subject Legitimate expectation en_US
dc.subject Promotion of the Administrative Justice Act en_US
dc.title Gebreke in die appèlprosedures van die Wet op die Ingenieursweseprofessie / A. Faul en_US
dc.type Thesis en_US
dc.description.thesistype Masters

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    This collection contains the original digitized versions of research conducted at the North-West University (Potchefstroom Campus)

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