Exam (elaborations)
ADL2601 Assignment 1 Semester 2 - Due: 22 August 2023
- Institution
- University Of South Africa (Unisa)
ADL2601 Assignment 1 Semester 2 - Due: 22 August 2023
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A+ADL2601
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 22 August 2023
NB: This assignment must be submitted by all students who are registered for
the ADL2601 module in the second semester of 2023
ADL2601_ASSIGNMENT 01_02/2023
You have applied for a passport and are informed by the official working for the
Department of Home Affairs that your application was turned down. No reasons are
provided to you.
QUESTIONS:
1. Does the turning down of your application constitute administrative action?
In your answer, you should fully discuss the concept “administrative action”
with reference to the provisions of the Promotion of Administrative Justice
Act 3 of 2000 (PAJA). (14)
ANSWER:
According to the Promotion of Administrative Justice Act (PAJA), administrative
action refers to any decision, action, failure to take action, or the making of a rule or
policy that affects the rights of individuals and is taken by an organ of state. In this
case, the turning down of your passport application by an official from the
Department of Home Affairs can be considered administrative action. The decision
affects your rights (the right to obtain a passport) and is taken by an organ of state
(the Department of Home Affairs). The fact that no reasons are provided doesn't
change the nature of the action as administrative. PAJA establishes the criteria for
administrative action and sets out the principles of legality, procedural fairness, and
reasonableness that must be followed in such cases.
2. Explain why it is important to establish whether administrative action is
involved: It is important to determine whether administrative action is involved
because the application of administrative law principles, as provided in laws like
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