You are the attorney assisting Tabitha with challenging the decision of an administrator.
You are the attorney assisting Tabitha with challenging the decision of an administrator. The administrator in this matter is the Department of Water and Sanitation. Tabitha stays in a suburb in Durban called Coastal Heights. Coastal Heights has not had water for 3 months. A great deal of the water infrastructure in the area was severely damaged by the recent floods. However, the remaining water pipelines in Coastal Heights were supplying water to residents but the Department decided to cut off water to Coastal Heights, citing that residents had not paid their water bills on time. The recent floods did terrible damage to the water infrastructure and took several lives in the Coastal Heights area, causing several families to endure serious financial hardship. Many families have been unable to pay their water bills due to losing loved ones to the floods and the deceased were, in those families, also the only members of those families who had work or could get work. Unemployment in the Coastal Heights community is otherwise very high overall.
Tabitha is also concerned that the court may not even consider constitutional principles in reviewing this decision taken by the administrator because she believes that the court will dismiss her challenge based solely on a separate legal system that governs administrative action only.
Quetion : In no more than one page in length, correct Tabitha’s thoughts in this regard by referring to court’s view on judicial review of administrative action under the Constitution in the case of Pharmaceutical Manufacturers Association of South Africa: In re Ex Parte Application of the President of the Republic of South Africa and Others 2000 (2) SA 674 (CC).
(15 Marks ) please include references.
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