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Assignment 1

The document is an assignment for the course ADL2601 – Administrative Law, submitted by student B.Laboff. It includes definitions and discussions on administrative law, organs of state as per the South African Constitution, characteristics of administrative law relationships, and relevant sections of the Constitution regarding just administrative action. Additionally, it defines administrative action according to the Promotion of Administrative Justice Act (PAJA).

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bernicelaboff156
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106 views3 pages

Assignment 1

The document is an assignment for the course ADL2601 – Administrative Law, submitted by student B.Laboff. It includes definitions and discussions on administrative law, organs of state as per the South African Constitution, characteristics of administrative law relationships, and relevant sections of the Constitution regarding just administrative action. Additionally, it defines administrative action according to the Promotion of Administrative Justice Act (PAJA).

Uploaded by

bernicelaboff156
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Assignment 1

Student full name: B.Laboff

Student number: 19792417

Group number: ADL2601

Course code and name: (ADL2601 – Administrative


Law)

Due Date: 2024-04-08

Mylife email address:


19792417@mylife.unisa.ac.za
Table of Contents
Questions 1-5: ..................................................................................................................... 3
Questions 1-5:
1. Define Administrative Law.

The corpus of legislation known as administrative law controls the operations


of government administrative entities. It includes the legal precepts and
guidelines that govern the authority, conduct, and actions of public
administration. Administrative law guarantees that the activities of the
government are just, legitimate, and within the limits of their jurisdiction.

2. Discuss the meaning of an organ of state as defined in the Constitution of South


Africa, 1996 and list three examples of organs of state.

The 1996 South African Constitution defines a "organ of state" as any department of
state or administrative body at any level of government. When exercising authority or
carrying out a duty under the terms of the Constitution or other laws, it also includes
any other official or institution. In South Africa, some instances of state organs are as
follows:

o The Presidency
o The Department of Justice and Constitutional Development
o The South African Police Service

3. Identify the characteristics of an administrative law relationship.

An administrative law relationship has the following qualities:

o It entails the exercise of public power by a public authority or body.


o It is governed by the laws and regulations that regulate administrative action.
o It frequently entails having to behave in a fair, sensible, and legal manner.

4. In which section of the Constitution of South Africa, 1996 does the supreme law deal
with just administrative action?

Section 33 of the Constitution of South Africa, 1996 addresses just administrative


action and ensures that administrative activity must be reasonable, lawful, and fair in
the process.

5. Define administrative action in terms of PAJA.

According to the Promotion of Administrative Justice Act (PAJA), an


administrative action is any choice made, recommendation made, or action
not taken by a state entity in the course of exercising a public power or
carrying out a public function. Any person's rights must be impacted by this
action, which also needs to be administrative in nature.

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