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Legislative provisions often include subjectively phrased preconditions that prescribe the existence of certain state of affairs before an administrator is authorised to exercise power. Having

Legislative provisions often include subjectively phrased preconditions that prescribe the existence of certain state of affairs before an administrator is authorised to exercise power.

Having regard to the views of Hoexter and Penfold in Administrative Law in South Africa (3rd ed, 2021), which of the following statements, labelled A-D, is most CORRECT?

A.

Subjective preconditions encourage the courts to show deference to administrators.

B.

Subjective preconditions do not have a place in South African law.

C.

Subjective preconditions have no practical value.

D.

Subjective preconditions should be interpreted to grant wide and decisive discretionary powers.

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