Administrative Law
Ultra Vires
Latin for "beyond the powers." A decision or act is ultra vires if it exceeds the legal authority of the decision-maker — whether a government body, company, or trustee.
Legal Definition
An ultra vires act is one that goes beyond the powers granted by law, a company's memorandum of incorporation, or a trustee's trust deed. Such acts are void (invalid). In administrative law, any government action beyond the powers granted by enabling legislation is ultra vires and reviewable under PAJA. In company law, acts beyond the MOI are ultra vires (though partly cured by the Companies Act for good faith third parties).
📖 Constitutional / Statutory Basis: Section 33 (just administrative action); Section 172 (constitutional invalidity)
Practical Example
A municipality imposes a new tax not authorised by any national legislation. This tax is ultra vires the municipality's legal powers and is invalid.
Frequently Asked Questions
What is the remedy for an ultra vires administrative decision in South Africa?
An ultra vires administrative decision is void. The affected party can apply to court for judicial review under PAJA to have the decision set aside. No deference is owed to a decision-maker who acted beyond their legal authority.
Does the ultra vires doctrine apply to company decisions in South Africa?
The Companies Act 71 of 2008 partially limits the ultra vires doctrine for companies — a third party who dealt with the company in good faith may rely on the transaction even if it was beyond the company's powers. However, internally, directors who acted ultra vires can be held personally liable.
Related Terms
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