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ADL2601 Assignment 1 (QUALITY ANSWERS) Semester 1 2025 R50,00
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ADL2601 Assignment 1 (QUALITY ANSWERS) Semester 1 2025
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This document contains workings, explanations and solutions to the ADL2601 Assignment 1 (QUALITY ANSWERS) Semester 1 2025. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4.. QQuestions 1. Discuss the meaning and nature of judicial review and appeal in the context of administrative law. ios2601 ...

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  • February 14, 2025
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  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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ADL2601
Assignment 1 Semester 1 2025

Unique number:

Due Date: 2025


This document includes:

 Helpful answers and guidelines
 Detailed explanations and/ or calculations
 References




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, QUESTION 1 (2 ANSWERS PROVIDED)

In South African administrative law, judicial review and appeal serve distinct
yet complementary functions in ensuring administrative justice.

Judicial review focuses on the legality or validity of an administrative decision.
It examines whether the decision-maker acted within the scope of their lawful
authority and followed fair procedures when arriving at the decision. Under the
Constitution and the Promotion of Administrative Justice Act 3 of 2000
(PAJA), courts enjoy inherent review jurisdiction, allowing them to scrutinize
all administrative action for compliance with legal requirements such as
lawfulness, procedural fairness, and reasonableness. Judicial review thus
looks at the process rather than the merits of the decision. It may go beyond
the initial record to detect any procedural irregularities, bias, or unauthorized
action. If a court finds a decision unlawful, it can grant an appropriate remedy,
which could involve setting aside the decision or remitting the matter for
reconsideration.

By contrast, an appeal in administrative law is statutory in nature. Courts in
South Africa do not possess inherent appeal jurisdiction; an appeal may be
brought only if a statute empowers a court to hear it. The enabling Act will
prescribe the scope and grounds for such an appeal, including whether it
pertains to questions of fact, questions of law, or both. An appeal is a
rehearing limited to the existing record of proceedings. Crucially, it allows the
court to assess whether the decision was correct on the merits—whether the
administrator’s findings of fact and conclusions of law were right or wrong.

In essence, judicial review safeguards the rule of law and due process by
ensuring decision-makers act within the bounds of their authority, while appeal
provides a mechanism for scrutinizing the substance of decisions when
authorized by statute. Both remedies aim to uphold administrative justice,
albeit through different legal lenses.




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