ADL2601(ADMINSTRATIVE LAW)
ASSIGNMENT 1 SOLUTIONS
SEMESTER 1 ,2023
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ADL 2601 Assignment 1 2023
Question 1.1
Section 239 of the Constitution defines an organ of a state.
“organ of state” means (a) any department of state or administration in the national,
provincial or local sphere of government; or (b) any other functionary or institution (i)
exercising a power or performing a function in terms of the Constitution or a provincial
constitution; or (ii) exercising a public power or performing a public function in terms of
any legislation, but does not include a court or a judicial officers.
Question 1, 2
Section 33 of the Constitution it reads as follows:
33(1) Everyone has the right to administrative action that is lawful, reasonable and
procedurally fair.
(2) Everyone whose rights have been adversely affected by administrative action has
the right to be given written reasons.
(3) National legislation must be enacted to give effect to these rights, and must –
(a) Provide for the review of administrative action by a court, or, where appropriate, an
independent and impartial
(b) Impose a duty on the state to give effect to the rights in subsections (1) and (2); and
(c) Promote an efficient administration.
Just administrative action is aimed at preventing organs of state, public institutions and
functionaries, as well as natural and juristic persons – administrators – from abusing or
misusing their power in their dealings with an individual who is in a subordinate position.
Hence the constitutional demand that administrative action must be performed lawfully,
reasonably and in a procedurally fair manner; and from the perspective of the individual,
just administrative action is directed at protecting him or her in any dealings with
ASSIGNMENT 1 SOLUTIONS
SEMESTER 1 ,2023
0|Page
, 1|Page
ADL 2601 Assignment 1 2023
Question 1.1
Section 239 of the Constitution defines an organ of a state.
“organ of state” means (a) any department of state or administration in the national,
provincial or local sphere of government; or (b) any other functionary or institution (i)
exercising a power or performing a function in terms of the Constitution or a provincial
constitution; or (ii) exercising a public power or performing a public function in terms of
any legislation, but does not include a court or a judicial officers.
Question 1, 2
Section 33 of the Constitution it reads as follows:
33(1) Everyone has the right to administrative action that is lawful, reasonable and
procedurally fair.
(2) Everyone whose rights have been adversely affected by administrative action has
the right to be given written reasons.
(3) National legislation must be enacted to give effect to these rights, and must –
(a) Provide for the review of administrative action by a court, or, where appropriate, an
independent and impartial
(b) Impose a duty on the state to give effect to the rights in subsections (1) and (2); and
(c) Promote an efficient administration.
Just administrative action is aimed at preventing organs of state, public institutions and
functionaries, as well as natural and juristic persons – administrators – from abusing or
misusing their power in their dealings with an individual who is in a subordinate position.
Hence the constitutional demand that administrative action must be performed lawfully,
reasonably and in a procedurally fair manner; and from the perspective of the individual,
just administrative action is directed at protecting him or her in any dealings with
