QUESTION 1

1.1 An administrative law is a part of public law that governs the relationship
between the government and the citizens of the state1. Officials and authorities
(administrators) who exercise public authority and perform public functions are
regulated by the administrative law2. Basically, it ensures that administrators
make fair decisions. Administrative justice is protected by the Constitution, which
means that administrators are required to take actions that are lawful,
reasonable, and procedurally fair in accordance with the law3. Public officials are
required to exercise their public functions in accordance with administrative law4.
In this way, you can challenge the manner in which administrators make
decisions and take action5. By doing so, government officials are able to promote
openness, accountability, and due process6.

1.2

• Constitution
• Case Law
• Legislature
• Common Law
• International Law7

1.3.Section 18 of Promotion of Administrative Justice Act 3 of 2000 defines

Administrative Action as

1 Bamu,P. Using South Africa’s Administrative Law to protect the rights of informal workers
2 Bamu,P. Using South Africa’s Administrative Law to protect the rights of informal workers
3 Quinot, Geo, Administrative Justice in South Africa (2nd ed, Oxford University Press 2021) 4-5
4 Bamu P, Using South Africa’s Administrative Law to protect the rights of informal workers
5 Quinot, Administrative Justice in South Africa 4-5
6 Quinot, Administrative Justice in South Africa 2021 4-5
7 Quinot, Geo, Administrative Justice in South Africa (2nd ed, Oxford University Press 2021) 125
8 Promotion of Administrative Justice Act 3 of 2000, s1
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 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, but does not include,
the following; (for example) Executive powers and functions, Legislative powers and
functions and Judicial functions9.

(a) Decision
A decision as defined by the act is any decision of an administrative nature that has
been made, proposed to be made, or is in the process of being made. A decision
according to the act is limited to deciding or failure to make a decision, which
includes a refusal to take a decision10.

(b)Administrative In Nature
An administrative decision is a decision made by an administrator. An administrator
refers to any organ or a person of state taking administrative action, whether natural
or legal11. These decisions include but are not limited to making or suspending an
order, award or determination, approving, consenting or refusing, imposing or
restricting a condition12, Such decisions are made in terms of empowering provision,
meaning the have to be aligned with the authoritative objectives such as the
constitution, legislation, by-laws, common law, customary law, etc13.

(c) That Adversely affects rights

This means that the decision or failure to make a decision has a negative impact on
the rights of individuals. The decision could either deprive the persons existing rights
or could affect a person’s rights by determining what those rights are14.

(d)That has a direct, external legal effect

An administrative action must have a legal effect. This means it must determine the
rights or obligations of a specific individual in a legally binding manner. In other

9 Promotion of Administrative Justice Act 3 of 2000, s1

10 Promotion of Administrative Justice Act 3 of 2000, s1
11 Promotion of Administrative Justice Act 3 of 2000, s1
12 Promotion of Administrative Justice Act 3 of 2000, s1
13 Bamu,P. Using South Africa’s Administrative Law to protect the rights of informal workers
14 Department of Justice and Constitutional Development
words, the purpose of a decision is to determine the nature and extent of someone’s
rights or obligations, or to change or withdraw them15. An administrative decision
must comply with all statutory requirements and is permissible under applicable
law16.

The external effect of an administrative decision must be direct in nature. This

means that the administrative decision must be properly addressed to the people
concerned17. The decision must be directed to a specific audience and must be final.
When making a decision, an administrator must take several steps or decisions, and
only the last step affects the member of the public, only the last step is deemed to
have direct impact18.

An external effect must be achieved, and it cannot relate to internal executive

decisions or deliberations. In other words, the decision has to affect someone who is
not a member of the state apparatus and who is not part of the institution 19.

Basically, Administrative Action administrative actions are decisions made, or

decisions not taken, by state agencies or natural or juristic persons exercising public
powers or performing public functions that adversely affect the rights of any
individual and which have a direct, external legal effect 20.

Question 2
2.1. In terms of section 33 of the Constitution, everyone has

administrative action 33. (1) Everyone has the right to administrative action that
is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been
adversely affected by administrative action has the right to be given written
reasons. (3) National legislation must be enacted to give effect to these rights,
and must— Chapter 2: Bill of Rights 14 (a) provide for the review of

15 Department of Justice and Constitutional Development

16 Wolf, L. 2017. In search of a definition of an administrative action,33:2, 314-334
17 Wolf, L.2017. In search of a definition of an administrative action, 33:2, 314-334
18 Department of Justice and Constitutional Development
19 Department of Justice and Constitutional Development
20 Wolf, L.2017. In search of a definition of an administrative action, 33:2, 314-334
 administrative action by a court or, where appropriate, an independent and
impartial tribunal; (b) impose a duty on the state to give effect to the rights in
subsections (1) and (2); and (c) promote an efficient administration21.

2.2. In terms of section 1 of PAJA, an administrator is an organ of state or any

natural or juristic person taking administrative action22.

Question 3

3.1. Section 195 of the Constitution of the Republic of South Africa, 199623.

3.2.

• the promotion and maintenance of a high standard of professional ethics,

• the promotion of efficient, economic and effective use of resources,
• a development-oriented public administration,
• the provision of services impartially, fairly, equitably and without bias
• a responsiveness to people’s needs and the encouragement of the public to
participate in policymaking,
• an accountable public administration,
• the fostering of transparency by providing the public with timely, accessible
and accurate information,
• the cultivation of good human-resource management and career-development
practices, to maximise human potential24.

Question 4
4.1.

21 Constitution of the Republic of South Africa, 1996.

22 Promotion of Administrative Justice Act 3 of 2000, s1.
23 Constitution of the Republic of South Africa, 1996
24 Constitution of the Republic of South Africa, 1996
 • They facilitate accurate and informed decision making
• They ensure that decisions are made in the public interest
• They preserve important procedural values.

Question 5
5.1. The common law rules of natural justice are audi alteram partem and nemo
iudex in sua propia causa .

Audi alteram partem is a Latin phrase that means hear the other side (of the
argument)25. In the case of Kusasa Refiming v Commissioner for the South African
Revenue Services, the judge held that

According to the audi alteram partem rule, an individual must be given an opportunity to
present his case. As part of this rule, formal administrative inquiries and hearings are
included as well as previous proceedings that could infringe upon existing rights, privileges,
and freedoms. To enable the individual who may be affected by the administrative decision
to refute the allegations, potentially prejudicial facts and considerations must be
communicated to him. In order to meet this condition, the interested party must be informed
of the material content of the prejudicial facts, information, or considerations26.

In order to comply with the rule, four principles must be followed. Firstly, it is
essential that a party to an administrative inquiry be given an opportunity to make
their case before a decision is reached if the decision is likely to affect their rights or
legitimate expectations. The second requirement is that prejudicial facts must be
disclosed to the individual who may be affected by the administrative decision, so
that he or she may dispute them. Thirdly, the rule also specifies that the
administrative tribunal which has made the decision must provide reasons for its

25Merriam-Webster Dictionary
26Kusasa Refining (Proprietary) Ltd v Commissioner For The South African Revenue Services( 2023
)ZAGPPHC 883
decision. A fourth requirement of the rule is that the administrative authority
exercising discretion must be impartial27

The audi alteram partem rule seeks to promote objective and informed decisions.
Therefore, it should be observed prior to the decision being made. This rule would
normally apply before an administrative body performs its functions28

Nemo iudex in sua propia causa translates to “no one should be a judge of their own
case. According to this principle, decision-makers should be impartial and unbiased
in their decision-making process. he members should not have any personal or
financial interest in the matter under consideration, nor should they have any
preconceived notions regarding the parties involved or the topic under consideration.

Alternatively, this principle is referred to as the rule against bias. A bias is a

conscious or unconsciously held prejudice by a judge against a party or issue3. Two
principles underlie the rule against bias:

It is improper for anyone to judge a person's case.

In order for justice to be done, it must also be seen to be done explicitly 29

27 Peach, VL. 2003

28 Peach, VL. 2003
29 Surbhi Jindal and Anunay Pandey. Audi Alteram Partem and Nemo Judex In Causa Sua: The Two

Pillars of Natural Justice. 2023.

Bibliography
LITERATURE

Quinot, Geo, Administrative Justice in South Africa (2nd ed, Oxford University Press
2021).

LEGISLATION

Constitution of the Republic of South Africa

DESERTATION/THESIS

Peach, VL. 2003. THE APPLICATION OF THE AUDIALTERAM PARTEM RULE TO

THE PROCEEDINGS OF COMMISSIONS OF INQUIRY. (Dissertation of Magister in
Public Law, North West University, Porchestroom).
https://dspace.nwu.ac.za/bitstream/handle/10394/58/peach_vl.pdf?sequence=1&isAl
lowed=y. Accessed 11 August 2024.

JOURNAL ARTICLE

Loammi Wolf (2017) In search of a definition for administrative action, South African
Journal on Human Rights, 33:2, 314-334

INTERNET SOURCE

Bamu, P.’Using South Africa’s Administrative Law to Protect the Rights of Informal
workers’ (WIEGO, October 2018).
https://www.wiego.org/sites/default/files/migrated/resources/files/Administrative-Law-
South-Africa-WIEGO.pdf Accessed 10 August 2024.

Department of Justice and Constitutional Development.

https://www.justice.gov.za/paja/about/action. Date Accessed 11 August 024
Surbhi Jindal and Anunay Pandey. Audi Alteram Partem and Nemo Judex In Causa
Sua: The Two Pillars of Natural Justice. 2023. www.articles.manupatra.com/article-
details/Audi-Alteram-Partem-and-Nemo-Judex-In-Causa-Sua-The-Two-Pillars-of-
Natural-Justice. Accessed 12 August 2024.

ONLINE DICTIONERY

Merriam- Webster Dictionary. https://www.merriam-

webster.com/dictionary/audi%20alteram%20partem. Date Accessed 12 August
2024.