Here’s a full set of structured answers to the Administrative Law (ADL2601) exam-style
questions you’ve posted. These are based on South African administrative law principles and
relevant legislation like the Promotion of Administrative Justice Act (PAJA) and the
Constitution of the Republic of South Africa, 1996.
QUESTION 1 [30]
1.1 Persuasive sources of administrative law [4]
Foreign law
Academic writings
Reports of law reform commissions
Judicial decisions from other jurisdictions
1.2 Legal force of administrative action can be ended by: [6]
Revocation
Expiry/lapse (e.g., time-bound authorisation)
Withdrawal
Setting aside by judicial review
Appeal
Substitution (by a higher authority)
1.3 Purpose and permissibility of delegation [6]
Purpose: To ensure efficient administration by allowing a functionary to share
powers/responsibilities.
Permissible when:
o Expressly authorised by enabling legislation.
o It does not involve original legislative authority unless allowed by law.
o In line with the principle of legality and the maxim delegatus delegare non
potest (a delegate may not delegate).
Legal reference: Constitution (s 33), PAJA, and relevant case law like Masetlha v
President of RSA 2008.
1.4 Binding sources of administrative law [7]
The Constitution
Legislation (Statutes and regulations)
Common law
Case law (precedents)
PAJA
Regulations under statutes
Customary law (if consistent with the Constitution)
1.5 Two types of control in administrative law [2]
Internal control
External control
1.6 Definition of Administrative Law [5]
Administrative law is the body of law that regulates the exercise of public power and
decision-making by administrative bodies or officials. It ensures decisions are lawful,
reasonable, and procedurally fair, in line with section 33 of the Constitution and PAJA.
QUESTION 2 [27]
2.1 Audi alteram partem rule components [3]
The right to be heard
The right to a notice
The right to a decision with reasons
2.2 Origins of the right to fair administrative action [2]
Common law (natural justice)
Section 33 of the Constitution, codified by PAJA
2.3 Requirements for just administrative action [8]
As per PAJA and the Constitution:
Lawfulness
Reasonableness
Procedural fairness
Right to be given reasons
Timeliness
Right to review
Right to appeal
Right to access information
2.4 Judicial review vs. appeal [10]
Judicial Review: A court examines whether an administrative decision was lawful,
reasonable, and procedurally fair (concerned with the manner in which the decision
was made).
Appeal: A court or tribunal reconsiders the merits or substance of the decision (right
or wrong outcome).
Judicial review is grounded in the Constitution and PAJA, and focuses on
legality, not correctness.
2.5 Enabling legislation vs. delegated legislation [4]
Enabling legislation: Primary statute passed by Parliament that confers authority.
Delegated legislation: Rules or regulations made under the authority of enabling
legislation by ministers or officials.
QUESTION 3 [20]
3.1 Test for reasonableness (Bato Star case) [8]
Key factors by O'Regan J in Bato Star v Minister of Environmental Affairs:
The nature of the decision
The identity and expertise of the administrator
The range of factors relevant to the decision
The reason given
The impact of the decision on affected persons
Whether the decision promotes the Constitution’s values
The availability of less restrictive means
Whether the decision is rationally connected to the purpose
3.2 Is a mandate/delegation? [2]
No. A mandate or instruction is a command to carry out a task, whereas delegation
involves the legal transfer of power and responsibility. A mandate does not give decision-
making authority.
3.3 Forms of abuse of power [3]
Bias or bad faith
Improper motive
Acting beyond authority (ultra vires)
3.4 Two types of control in administrative law [2]
Judicial control (external)
Administrative control (internal)
3.5 Definition of organ of state (Constitution) [5]
As per section 239 of the Constitution:
An organ of state includes any department of state or administration in the national,
provincial, or local sphere of government, or any other functionary exercising a public
power or performing a public function in terms of the Constitution or legislation.
QUESTION 4 [23]
4.1 Characteristics of administrative law relationship [3]
Between a public authority and an individual
Unequal relationship (authority vs subject)
Must comply with legal and constitutional principles
4.2 Overarching constitutional requirements [4]
Lawfulness
Reasonableness
Procedural fairness
Accountability and transparency
4.3 Meaning of delegatus delegare non potest [2]
A delegate cannot further delegate their powers unless explicitly authorised by law.
4.4 Three types of delegation (Wiechers) [3]
Original delegation
Subdelegation
Deconcentration
4.5 Four rules for deconcentration [8]
Same organisation: Power delegated within the same institution
Hierarchical control remains
No independence for delegate
Ultimate responsibility stays with original functionary
4.6 Definition of "public" in PAJA [2]
According to PAJA, "public" includes a section of the public or the general public,
affected by an administrative decision.
QUESTION 5 [1]
Section dealing with just administrative action in the Constitution
Section 33
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