2.2 The principles and values of section 195(1) of the Constitution, titled “Basic values and principles governing public administration”, relates to just administrative action as guaranteed in section 33 of the Constitution. In terms of section 195(2) the principles listed in section 195(1) does NOT apply to… (2) (a) public enterprises; (b) the judiciary; (c) the administration in all spheres of government;
Question
2.2 The principles and values of section 195(1) of the Constitution, titled “Basic values and principles governing public administration”, relates to just administrative action as guaranteed in section 33 of the Constitution. In terms of section 195(2) the principles listed in section 195(1) does NOT apply to… (2) (a) public enterprises; (b) the judiciary; (c) the administration in all spheres of government;
Solution
The principles and values of section 195(1) of the Constitution, which govern public administration, do not apply to the following according to section 195(2):
(a) Public enterprises: These are entities that are owned by the government. They operate in the commercial sector and are separate from the administrative arm of the government. Therefore, the principles and values that govern public administration do not apply to them.
(b) The judiciary: This is the system of courts that interprets and applies the law. It operates independently of the administrative arm of the government. Therefore, the principles and values that govern public administration do not apply to the judiciary.
(c) The administration in all spheres of government: This refers to the administrative functions carried out by different levels of government. The principles and values of section 195(1) do not apply to these administrative functions as they are governed by their own specific rules and regulations.
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