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ADL2601 October/November Examination 2024
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  • October 21, 2024
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ADL2601
OCTOBER/NOVEMBER EXAM 2024
UNIQUE NO.
DUE DATE: 2024

, lOMoARcPSD|21997160




Adl2601 October Examination

Student number:



1.Administrative action must be lawful, reasonable and procedurally fair.



2. Binding authority

The Constitution 108 of 1996 Academic writings/opinions

Legislation Policy docs (green & white papers).

Case law (judicial precedent) Reports by state institutions

Common law foreign law

Administrative practice (custom / usage)

International law

Statutes



3. Section 1 of PAJA defines "administrative action” as 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 or performing a public function in terms of any

legislation; or

(b) a natural or juristic person, other than an organ of state, when exercising a

public power or performing a public function in terms of an empowering provision,

which adversely affects the rights of any person, and which has a direct, external legal

effect. There are exceptions to the definition.



Administrative action, as defined in the Promotion of Administrative Justice Act (PAJA), refers to any action,

decision, recommendation, or failure to act by an administrative authority that affects the rights of an

individual. It excludes legislative and judicial acts. The PAJA’s main objective is to protect the public from

unlawful, unreasonable and unfair administrative matters. It aims at creating efficient administration with

good governance, thus also including creating a culture of accountability, responsiveness, openness and

transparency in the public administration

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