NAME: KHAOGELO

SURNAME: RAPHIRI
MODULE: ADL2601
STUDENT NO: 68849281
ASSIGNMENT NO: 01
QUESTION 1

1.1 Section 239 of constitution state defines an organ of state as:

(a) Any department of state or administration in the national, provincial and local sphere of
government.
(b) Or any other functionary or institution:
- That exercising a power or performing a function in terms of constitution.
- Or exercising a public power or performing a public function in terms of any legislation.
But does not include a court or a judicial officer.

NATIONAL SPHERE

- In the national sphere “any department of state or administration” refers to department

of state or government such as the department of home affairs, labour, basic education,
tourism and other government department. The organs also include the member of
cabinet, the ministers, deputy ministers, the president and the deputy president.

PROVINCIAL SPHERE

- In the provincial sphere organs of state include provincial departments of state, the
provincial public service, the premiers of the nine provinces and also the member of
executive councils heads (MECS) who are the executive heads of the various provincial
departments of state.

LOCAL SPHERE

- In the sphere of local government organs of state include municipalities and various
municipal councils vested with executive authority (section 151(1) and 2 of the
constitution respectively.

1.2 REQUIREMENTS FOR JUST ADMINISTRATIVE ACTION.

- To be lawful, it must comply with all the requirement of the law as found in the
constitution, the relevant legislation, common law, customary law and court decisions.
- To be reasonable it must have a reasonable effect or result.
- To be procedurally fair the correct procedure must be used to take a decision.

1.3

- Leballo constructions and projects cc can take the procurement manager Ms Dube to constitutional
court of law if they decide to challenge Ms dude decision, because Ms dude reason to cancel the
tender is unknow according to section 33 of constitution state that everyone has the right to
administrative action that is lawful, reasonable and also procedurally fair and everyone whose rights
have been adversely effected by administrative action has the right to be given written reasons. PAJA
state that the constitution requires the administration to act in accordance with fundamental
principles of justice, fairness and reasonableness and in section 6 (1) (I) state that a court or tribunal
has a power to judicially review an administrative action if the action is otherwise unconstitutional or
unlawful.

1.4

REFERENCE

ADMINISTRATIVE LAW ONLY STUDY GUIDE

PLAGIARISM DECLERATION
I khaogelo Raphiri student no 68849281 declare that this is my own original work. Where
secondary material has been used (either from a printed source or from the internet), this
has been carefully acknowledged and referenced in accordance with departmental
requirements. I understand what plagiarism is and I am aware of the pertinent policies in
this regard. I have not allowed anyone else to borrow or copy my work.