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Question 1
Administrative law is a branch of public law that regulates the activities of administrative
agencies of government, including the behaviour of officials within those agencies,
decision-making processes, and the relationship of these agencies with the legislature,
the executive, courts, and the public.
Question 2
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.
Examples of organs of state in South Africa include:
The Department of Home Affairs - responsible for controlling and managing immigration,
asylum seekers, and issuing identity documents and passports.
South African Police Service (SAPS) - responsible for preventing, combating and
investigating crime, maintaining public order, and protecting and securing the inhabitants
of South Africa.
The South African Revenue Service (SARS) - responsible for managing the South African
tax system and collecting revenue through taxation to fund the government's activities.
Question 3
Characteristics of administrative law relationship is are as follows:
• At least one of the legal subject must be in a position of power.
• The position of power is held by someone with state authority.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
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