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 has concerns about how her challenge to the decision of the administrator is going to be handled. She wants to know from you whether her matter is going to be heard in the context of administrative action as it was understood in the pre-constitutional era or as it is understood now with the Constitution as the supreme law. She is not sure if there is a difference in administrative action between the two eras.

In a note not exceeding one page in length, advise Tabitha on the approach that applied to determining administrative action during the pre-constitutional era and the approach that applies to determining the scope of administrative action now, with reference to relevant South African case law.

Please include references and take note that this question is for 20 marks