ADL2601 Assignment 1 Semester 2 2026 - Due 25 August 2026

ADL2601
ASSIGNMENT 1
DUE DATE: 25 AUGUST 2026

, ADL2601 ASSIGNMENT 1 2026

DUE 25 AUGUST 2026



Question (20 Marks) Mr X has come to seek your legal advice on whether the
Department’s conduct falls within the definition of administrative action as set
out in Section 1 of the Promotion of Administrative Justice Act 3 of 2000. In your
answer, explain the meaning and legal significance of each requirement
contained in the statutory definition of administrative action and apply these
requirements to the facts above to determine whether PAJA is applicable.




Under the Promotion of Administrative Justice Act 3 of 2000 (PAJA), the definition of
“administrative action” in section 1 serves as a gatekeeper. In terms of this definition,
PAJA and the constitutional right to just administrative action in section 33 of the
Constitution apply only if the conduct in question qualifies as administrative action.
According to the Constitutional Court in Minister of Defence and Military Veterans v
Motau and Others 2014 (5) SA 69 (CC), the definition is the threshold for engaging in
administrative‑law review.



Accordingly, we must examine each element of the statutory definition to determine
whether the Department’s decision to revoke your permit falls within its ambit.



2. ELEMENTS OF THE DEFINITION OF “ADMINISTRATIVE ACTION” MEANING,
LEGAL SIGNIFICANCE, AND APPLICATION TO YOUR CASE

2.1. A Decision of an Administrative Nature