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ADL2601 - Portfolio Exam - Sep 2021
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- University Of South Africa (Unisa)
This is the final submitted version of a completed ADL2601 Assignment written in Sep 2021 by a 2024 cum laude student.
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Kayleigh MayStudent no 68021321
ADL2601 – September Examination
17 September 2021
, Question 1
1.1 The administrative relationship in this scenario is a general administrative law
relationship between the Transport Commission and David Goliath and it is a vertical
relationship. This relationship is characterized by the following:
a) At least one of the subjects must be a person who exercises power.
b) The subject in the position of power must be clothed with and able to exercise state
authority
In the general administrative law relationship, the legal rules governing the relationship
between the parties apply to all subjects within a particular group, in an impersonal and
objective manner. Furthermore, the authoritative subject must have the power to order,
restrain or permit other individuals or juristic persons to act in a certain way. From the
scenario, it is evident that the Transport Commission is the subject who exercises power,
and David Goliath is in a subordinate position, subjected to the power being exercised.
1.2 The organ of state in this scenario is the Transport Commission. This is made clear
by section 239 of the Constitution, which provides the following:
“organ of state” means-
a) Any department of state or administration in the national, provincial or local sphere
of government; or
b) Any other functionary or institution-
i) 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 a judicial officer.
It is thus clear that the Transport Commission is the organ of state in this scenario, as it
is an institution exercising a power in terms of enabling legislation.
1.3 Administrative action is defined in section 1 of PAJA as the following:
‘administrative action’ means any decision taken, or any failure to take a decision, by –
a) An organ of state, when –
i) Exercising a power in terms of the Constitution or a provincial constitution;
or
ii) Exercising a public power of performing a public function in terms of any
legislation; or
iii) A natural or juristic person, other than an organ of state, when exercising a
public power of performing a public function in terms of an empowering
provision,
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