a) Elements of administrative action with reference to the provisions of the promotion of administrative justice ( PAJA )
1. Decisions
A decision will also qualify as an administrative action when it involves the refusal the take action. A decision relating to any aspects regarding the nomin...
question 1 please match the accounting term with the most suitable definition
example or description provided b reflects the cash inflows and outflows of the business for a specific period c re
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Student No : 47602155
Module : ADL 2601
Assignment No : 01
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a) Elements of administrative action with reference to the provisions of the promotion of
administrative justice ( PAJA )
1. Decisions
A decision will also qualify as an administrative action when it involves the refusal the take
action. A decision relating to any aspects regarding the nomination, selection or
appointment of judicial officer or any other person by the Judicial Service Commission (JSC)
as per section1 (gg) of PAJA.
decision taken or failure to take a decision in terms of section 4 (1) of PAJA
decision means any decision of an administrative nature made, proposed to be made or
required to be made, as the case maybe under an empowering provision, including a
decision relating to
a) making, suspending or refusing to make an order award or determination
b) Issuing, suspecting or revoking or refusing to issue a licence, authority or other
instrument.
c) Imposing a restriction or condition
d) Making a declaration, demand or requirement
e) Retaining or refusing to deliver up an article or
f) Doing or refusing to do any other act or thing of an administrative nature and a
reference to a failure to take a decision must be constructed accordingly.
2. Administrative nature
The element that the decision needs to be of administrative nature, it simply means that
such decisions need to be related to our day to day business of implementing and
administrating policy.
Administrative action is concerned with only one branch of the state system which is the
executive and as it is described in Grey Marine Hout Bay (PTY) Ltd v Minister of Public Works
2005 (6) SA 313 (SCA) which is described as a conduct of bureaucracy in carrying out the
daily function of the state, which necessarily involve the application of policy , usually after
its translation into law with direct and immediate consequences for groups or individuals.
However not all decisions are administrative action, for a decision to be an administrative
action, a decision must be as follows:
Of an administrative nature
Taken by an administrator
It must distinguish between the legislative which is making or changing new laws and
administration which is applying the general law to existing laws.
3. Under an empowering provision
Empowering provision is defined as a law, a rule of common law, customary law or an
agreement, instrument or any other document. It simply means that the exercise of public
power or performance of public function must have an authoritative foundation or basis of
some kind which means that such decision must be permitted by law.
An empowering provision is usually a provision of a law that allows an administrator to make
such decision.
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