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ADL2601 ASSIGNMENT 01 DUE 12
AUGUST 2024
FOR EXAMS, PORTFOLIO, AND ASSIGNMENT ASSISTANCE
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, ADL2601_ASSIGNMENT 01_2/2024
1. There are several sources of Administrative law which provide legal
requirements for an administrative action (to be considered valid).
1.1 Define administrative law. [5]
Administrative law is a branch of public law, dealing with the activities of
administrative agencies and government. It covers the rules, procedures, and
principles within which a government agency operates that dictate the powers and
duties of agencies, including procedures they must follow; it also outlines remedies
available to those affected by their actions. This is a section of the law that sees to it
that government actions are authorised by law, fair and accountable
1.2 List any 5 sources of administrative law. [5]
1. The Constitution of the Republic of South Africa, 1996.
2. Legislation.
3. Common Law.
4. Case Law
5. International Law:
1.3. Define administrative action in terms of PAJA. (leave out the exclusions)
The Promotion of Administrative Justice Act 3 of 2000 (PAJA) defines ‘administrative
action’, as any decision taken or failure to take a decision by an organ of state when
performing a power or a duty in terms of the Constitution, a provincial constitution, or
legislation or in accordance with an empowering provision whereby a person’s rights
are prejudicially affected, and the prejudice has a direct, external legal consequence.
It is used in the identification of actions that fall under and can receive judicial review
under PAJA.1
1
Promotion of Administrative Justice Act 3 of 2000, s 1.