EDL3703
ASSIGNMENT 1
DUE DATE: 31 MARCH 2026
, EDL3703 ASSIGNMENT 1 2026
DUE 31 MARCH 2026
Question 1
1.1 Discuss the constitutional requirements for just administrative action (refer to
the relevant section).
The constitutional requirements for just administrative action are found in Section 33 of
the Constitution of the Republic of South Africa, 1996.
Section 33 establishes that everyone has the right to administrative action that is:
Lawful: The action must be authorised by law and comply with all legal requirements.
Reasonable: The decision itself must be rational and justifiable, considering all
relevant factors.
Procedurally Fair: The procedure followed in reaching the decision must be fair,
giving the affected person an opportunity to be heard.
The section mandates that anyone whose rights have been adversely affected by
administrative action has the right to be given written reasons for the decision. The
Constitution also requires the enactment of national legislation to give effect to these
rights, which led to the Promotion of Administrative Justice Act 3 of 2000 (PAJA). PAJA
provides the detailed framework for ensuring that administrative action, including
disciplinary decisions at schools, complies with these constitutional requirements.
(Study Guide, Study Unit 3, section 3.4.5)
ASSIGNMENT 1
DUE DATE: 31 MARCH 2026
, EDL3703 ASSIGNMENT 1 2026
DUE 31 MARCH 2026
Question 1
1.1 Discuss the constitutional requirements for just administrative action (refer to
the relevant section).
The constitutional requirements for just administrative action are found in Section 33 of
the Constitution of the Republic of South Africa, 1996.
Section 33 establishes that everyone has the right to administrative action that is:
Lawful: The action must be authorised by law and comply with all legal requirements.
Reasonable: The decision itself must be rational and justifiable, considering all
relevant factors.
Procedurally Fair: The procedure followed in reaching the decision must be fair,
giving the affected person an opportunity to be heard.
The section mandates that anyone whose rights have been adversely affected by
administrative action has the right to be given written reasons for the decision. The
Constitution also requires the enactment of national legislation to give effect to these
rights, which led to the Promotion of Administrative Justice Act 3 of 2000 (PAJA). PAJA
provides the detailed framework for ensuring that administrative action, including
disciplinary decisions at schools, complies with these constitutional requirements.
(Study Guide, Study Unit 3, section 3.4.5)
