ADL2601 ASSIGNMENT 1 2026
DUE 25AUGUST 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
, In terms of section 1 of PAJA, “administrative action” means any decision taken or
failure to take a decision. A “decision” is broadly defined to include revoking a licence,
authority, or other instrument. The decision must be of an administrative nature, which,
according to the Supreme Court of Appeal in Grey’s Marine Hout Bay (Pty) Ltd v
Minister of Public Works 2005 (6) SA 313 (SCA), refers to “the conduct of the
bureaucracy … in carrying out the daily functions of the State, which necessarily
involves the application of policy, usually after its translation into law.”
Under the facts, the Department’s act of revoking your permit is a decision. It is not a
policy‑making function but rather the application of the National Road Traffic Act to your
specific circumstances. According to the test in Motau, a decision of an administrative
nature entails applying formulated policy to particular factual situations – exactly what
the Department did when it revoked your permit based on alleged complaints.
Conclusion on this element: Your case satisfies the requirement of a decision of an
administrative nature.
2.2. By an Organ of State or a Natural or Juristic Person
In terms of 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. The
Provincial Department of Transport is a department in the provincial sphere.
Under your facts, the decision was taken by the Provincial Department of Transport,
which is clearly an organ of state. It is therefore a body capable of performing
administrative action as contemplated in PAJA.
Conclusion on this element: The decision‑maker is an organ of state.
DUE 25AUGUST 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
, In terms of section 1 of PAJA, “administrative action” means any decision taken or
failure to take a decision. A “decision” is broadly defined to include revoking a licence,
authority, or other instrument. The decision must be of an administrative nature, which,
according to the Supreme Court of Appeal in Grey’s Marine Hout Bay (Pty) Ltd v
Minister of Public Works 2005 (6) SA 313 (SCA), refers to “the conduct of the
bureaucracy … in carrying out the daily functions of the State, which necessarily
involves the application of policy, usually after its translation into law.”
Under the facts, the Department’s act of revoking your permit is a decision. It is not a
policy‑making function but rather the application of the National Road Traffic Act to your
specific circumstances. According to the test in Motau, a decision of an administrative
nature entails applying formulated policy to particular factual situations – exactly what
the Department did when it revoked your permit based on alleged complaints.
Conclusion on this element: Your case satisfies the requirement of a decision of an
administrative nature.
2.2. By an Organ of State or a Natural or Juristic Person
In terms of 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. The
Provincial Department of Transport is a department in the provincial sphere.
Under your facts, the decision was taken by the Provincial Department of Transport,
which is clearly an organ of state. It is therefore a body capable of performing
administrative action as contemplated in PAJA.
Conclusion on this element: The decision‑maker is an organ of state.
