Essay
Essay ADL2601 - Administrative Law Essay ADL2601 - Administrative Law
- Course
- ADL2601 - Administrative Law
- Institution
- University Of South Africa (Unisa)
ADL SEMESTER O1 ASSIGNMENT O1 DISCUSSION DUE ON 25 MARCH 2022
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TEL:0113385204 KWANELE:0783120365 MERRY: 0840610501ADL2601-ADMINISTRATIVE LAW
2022 SEMESTER 01 ASSIGNMENT 01 DISCUSSION
PLEASE NOTE UNISA’S PLAGIARISM POLICY
, STUDENT NUMBER:
UNIQUE NUMBER: 761262
DUE DATE: 25 March 2022
MODULE: ADL2601
NAME:
QUESTION 1
Just administrative action is aimed at preventing organs of state, public institutions and
functionaries, as well as natural and juristic persons administrators from abusing or
misusing their power in their dealings with an individual who is in a subordinate position.
Hence the constitutional demand that administrative action must be performed lawfully,
reasonably and in a procedurally fair manner; and from the perspective of the individual,
just administrative action is directed at protecting him or her in any dealings with
administrators. It guarantees the individual just treatment, procedural fairness and
reasonableness in his or her relationship and dealings with Ministers.
Section 33 of the Constitution entrenches the right to just administrative action.
Everyone has the right to administrative action that is lawful, reasonable and
procedurally fair. Procedural fairness examines the processes courses or steps the
administrator took to make a final decision.
Every person shall have the right to lawful administrative action where any of his or her
rights or interests is affected. Mr Sparrow’s right to freedom is grossly affected here, he
has a right to a procedurally fair administrative action.
-procedurally fair administrative action where any of his or her rights are affected or
threatened.
-be furnished with reasons in writing for administrative action which affects any of his
rights or interests unless such reasons have been made public; and administrative
action which is justifiable in relation to the reasons given for it where any of his or her
rights is affected or threatened
Section 3(2) (b) of PAJA lists the mandatory requirements: In order to give effect to
the right to procedurally fair administrative action, an administrator, subject to
subsection (4), must give a person referred to in subsection
(i) Adequate notice of the nature and purpose of the proposed administrative action;
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