ADL2601 ASSIGNMENT 1

By
NONOFO SEKGOPO: 36955051

Submitted in partial fulfilment of the requirements for the degree

LLB

In the
DEPARTMENT OF ADMINISTRATIVE LAW
SCHOOL OF LAW

UNIVERSITY OF SOUTH AFRICA

ASSIGNMENT NUMBER 01: Unique number 796578

1
ADMINISTRATIVE LAW ASSIGNMENT 1
1.1
There is an unequal/vertical relationship between two parties that is governed by
administrative law. One of the subjects is a person or body with state authority or an
organ of state that has the power to act on behalf of another person or body whose
rights are in jeopardy.1

Yes, an individual administrative-law connection is in evidence since Ms Coward in a

subordinate position and the Designated Firearms Officer (DFO) (organ of state) is in a
position of state power.

It's also crucial to remember that the connection is established by unique administrative
decisions and that it is characterised by a circumstance in which regulations apply
personally and especially to the parties in a subservient position. 2

1.2

In terms of s 239 of the Constitution an “organ of state” includes:

(a) Any department of state or administration in the national, provincial or local sphere
of government; or

(b) Any other functionary or institution that

(i) Exercises a power or performs a function in terms of the Constitution or a provincial

constitution; or

(ii) Exercises a public power or performs a public function in terms of any legislation. A
court or a judicial officer is excluded. 3

The organs of state which can be identified are the sergeant and the police station. The
sergeant because he is a functionary who is

(i) Exercising a power or performs a function in terms of the Constitution or

(ii) Exercises a public power or performs a public function in terms of any
legislation.4

The police station as such because it represents a department of state or administration

established in terms of the pertinent legislation.

1.3

Section 1 of Promotion of Administrative Justice Act 3 of 2000 defines

"administrative action” as any decision taken, or any failure to take a decision, by

(a) An organ of state, when-

(i) Exercising a power in terms of the Constitution or a provincial constitution; or

1
Only study guide for FUR2601: Prof Amanda Spies, Dr Themba Maseko
2
Only study guide for FUR2601: Prof Amanda Spies, Dr Themba Maseko
3
Constitution of the Republic of South Africa, 1996
4
Only study guide for FUR2601: Prof Amanda Spies, Dr Themba Maseko

2
(ii) Exercising a public power or performing a public function in terms of any legislation;
5
or

(b) a natural or juristic person, other than an organ of state, when exercising a public
power or performing a public function in terms of an empowering provision, which
adversely affects the rights of any person and which has a direct, external legal effect. 6

There are exceptions to the definition.

The decision not to grant the firearm licence amounts to administrative action because it
complies with the definition in that it involves a decision by an organ of state (the
Designated Firearms Officer at the police station) which has adversely affected the
rights of a person (Ms Coward) and which appears to have had a direct external legal
effect.7

Bibliography

BOOKS

Study Guide for FUR2601

Prof Amanda Spies, Dr Themba Maseko

STATUTES

Promotion of Administrative Justice Act 3 of 2000

Constitution of the Republic of South Africa, 1996.

5
Promotion of Administrative Justice Act 3 of 2000
6
Promotion of Administrative Justice Act 3 of 2000
7
Only study guide for FUR2601

3
ACADEMIC HONESTY DECLARATION

Declaration: I, Nonofo Sekgopo

• I understand what academic dishonesty entails and am aware of Unisia’s policies in

this regard.

• I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other people
has been referenced according to this style.

• I have not allowed, and will not allow anyone to copy my work with the intention of
passing it off as his or her own work.

• I did not make use of another student’s work and submit it as my own.

NAME: NONOFO SEKGOPO

SIGNATURE: N. Sekgopo

STUDENT NUMBER: 36955051

MODULE CODE: ADL2601

DATE: 10 August 2022