Administrative Law

Assignment 1

Student Name: Kiah Pillay

Student Number: 20313799
1.Define Administrative Law. [6]
The Study guide Describes administrative law as a vast field as it filters through every
part of the legal system. My understanding would be that administrative law is the legal
system that is concerned with the day-to-day business of implementing and
administrating policies. In doing so it also regulates the activities of the State and
juristic persons that perform public function and making sure all activities are in
boundaries of the law.1

2. Discuss the meaning of an organ of state as defined in the Constitution of

South Africa, 1996 and list three examples of organs of state. [10]
Organ of state in terms of section 239(a) of the constitution2 refers to the functionaries
and institutions forming part of the public administration. Section 239 of the
Constitution of the Republic of South Africa, 1996 (hereafter referred to as the,
‘Constitution’), defines an organ of state as (a) any department of state or
administration in the national, provincial or local sphere of government, or (b) any other
functionary or institution (ii) exercising a power of performing a function in terms of the
Constitution or a provincial constitution, or (ii) exercising a public power or performing
a public function in terms of any legislation, but does not include a court or judicial
officer. Three examples of organs of state include the members of cabinet (the
ministers who are the executive heads of the various departments of state). Deputy
ministers are also organs of state. Both the President, as head of the national
executive and the Deputy President are organs of state as well.3

3. Identify the characteristics of an administrative law relationship. [3]

An administrative relationship exists between two parties who are unequally
positioned. Among the subjects are people or bodies with authority derived from the
state. A person or body with this authority is capable of exercising that authority over
another with similar authority whose rights are affected. When it comes to a
relationship, the rules apply specifically to the parties. An individual's decision creates
the relationship. General administrative-law relationships apply to all subjects in a
given group according to the legal rules governing the relationship between the
parties. Developing, changing, and terminating it is the responsibility of the law or that
of legislation.4

1
University of South Africa; Department Public, Constitutional and International Law; 2019; Study Guide for
ADL2601; Pretoria; Page 8.
2
Section 239 of the Constitution of South Africa, 1996.
3
University of South Africa; Department Public, Constitutional and International Law; 2019; Study Guide for
ADL2601; Pretoria; Page 7.
4
University of South Africa; Department Public, Constitutional and International Law; 2019; Study Guide for
ADL2601; Pretoria; Page 22.
4. In which section of the Constitution of South Africa, 1996 does the supreme
law deal with just administrative action? [1]
Section 33 of the Constitution of South Africa, 1996.

5. Define administrative action in terms of PAJA. [10]

Administrative action, in the context of the Promotion of Administrative Justice Act5
(PAJA), refers to any action or decision taken by an administrative body or public
official that affects the rights or interests of an individual or entity. PAJA is a South
African legislation enacted to promote fair, lawful, and reasonable administrative
actions by public authorities. The term "administrative action" encompasses a wide
range of governmental actions, including decisions, acts, omissions, practices,
policies, rules, or exercises of discretion. It applies to actions taken by various state
organs such as government departments, municipalities, public entities, regulatory
bodies, and officials in their administrative capacity.6 PAJA provides a framework to
ensure that administrative actions are conducted in accordance with certain principles,
including:
Lawfulness: Administrative actions must be consistent with the provisions of the law,
including legislation, common law, and constitutional rights.
Procedural fairness: Individuals or entities affected by administrative actions have
the right to be heard, to have adequate notice of the action, to present evidence, and
to receive reasons for the decision.
Reasonableness: Administrative actions must be rational, justifiable, and based on
relevant considerations. They should not be arbitrary, capricious, or influenced by
irrelevant factors.
Adequate record: Public authorities are required to keep a record of their
administrative actions, including the reasons for the decisions made, the information
considered, and any representations made by affected parties.
Accountability: Administrative bodies and officials are accountable for their actions
and decisions. They can be held responsible for any unlawfulness, procedural
irregularities, or irrationality. PAJA provides individuals or entities adversely affected
by administrative actions with the right to seek relief through administrative review or
legal proceedings. They can apply for the review of an administrative action, request
reasons for a decision, and challenge actions that are unlawful, unfair, or
unreasonable. The Act establishes the grounds for review, procedures for applications,
and remedies available to the affected parties.
In summary, administrative action, as defined by PAJA, pertains to the actions and
decisions taken by public authorities that impact the rights or interests of individuals
or entities. PAJA seeks to ensure that these actions are conducted lawfully, fairly, and

5
Section 1 of the Promotion of Administrative Justice Act 3 of 2000.
6
University of South Africa; Department Public, Constitutional and International Law; 2019; Study Guide for
ADL2601; Pretoria; Page 89.
in a reasonable manner, and provides mechanisms for review and redress in case of
any procedural irregularities or injustices.
Bibliography
Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
The Constitution of South Africa, 1996.
University of South Africa; Department Public, Constitutional and International Law;
2019; Study Guide.
Academic Honesty Declaration:
1. I know that plagiarism means taking and using the ideas, writings, works or
inventions of another as if they were one’s own. I know that plagiarism not only
includes verbatim copying, but also the extensive use of another person’s ideas
without proper acknowledgement (which includes the proper use of quotation marks).
I know that plagiarism covers the use of material found in textual sources and from the
Internet.
2. I acknowledge and understand that plagiarism is wrong.
3. I understand that my research proposal must be accurately referenced.
4. This research proposal is my own work. I acknowledge that copying someone
else’s research, or part of it, is wrong and that submitting identical work to others
constitutes a form of plagiarism
5. I have not allowed, nor will I in the future allow anyone to copy my work with the
intention of passing it off as their own work
6. I confirm that I have read and understood UNISA’s Policy for Copyright and
Plagiarism - https://www.unisa.ac.za/sites/corporate/default/Apply-
foradmission/Master%27s-&-doctoral-degrees/Policies,-procedures-&-forms
Full Name: Kiah Pillay Student No: 20313799