Question: considering following: when exercising public power / performing a public function Case law has developed factors to consider when determining whether a function is PUBLIC
considering following: "when exercising public power / performing a public function" Case law has developed factors to consider when determining whether a function is PUBLIC IN NATURE Chirwa v Transnet Ltd 2008 (4) SA 367 (CC) Coercion Public impact Source of the power Public interest and "when exercising public power / performing a public function" See also Calibre Clinical Consultants para 42 setting out various factors: - An element of governmental control - Integration into statutory regulation - Government supervision - Linked to functions of government - Privatization of business of government - Governmental interest in the decision-making power in question - Taking the place of government - Funding by the state (public money) choose the correct answer: In determining the NATURE OF THE FUNCTION, you consider: A. The source of the power B. The nature of the power and subject-matter at hand C. Whether the power relates to exercising a public duty D. The principle of subsidiarity E. All of the above F. A, B and C
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