1
ADL2 2601
Assignment 1
st
1 SEMESTER 2020
NB: Detailed answer below, PAJA and Case Law used as reference : 100%
, 2
Question 1
At least one of the legal subjects must be a person or body who exercises power.
The position of power must be held by a person or body clothed with
state authority, and who is able to exercise that authority. Apart from that in the
administrative law relationship there are two examples thus in the general (or
objective) administrative-law relationship the legal rules apply to all the subjects within
a particular group. Thus the rules thus apply impersonally, to the whole group. Apart
from that an individual administrative-law relationship legal rules apply personally and
specifically between the parties. In addition to that the legal rules apply to specifically
identifiable legal subjects. In an individual administrative-law relationship legal rules
apply personally and specifically between the parties. Thus the legal rules apply to
specifically identifiable legal subjects. However, in the set of facts Mrs Zondo is an
official exercising power and she is acting in terms of section 6 of the Prevention of
IIegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
Question 2
‘administrative action’ means any decision taken, or any failure to take a decision, by
(a) an organ of state, when –
(i) exercising a power 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; or
(b) a natural or juristic person, other than an organ of state, when exercising a public
power
or performing a public function in terms of an empowering provision, which adversely
affects the rights of any person and which has a direct, external legal effect, thus there
are powers which do not include administrative action and they are not part of the
scenario.
ADL2 2601
Assignment 1
st
1 SEMESTER 2020
NB: Detailed answer below, PAJA and Case Law used as reference : 100%
, 2
Question 1
At least one of the legal subjects must be a person or body who exercises power.
The position of power must be held by a person or body clothed with
state authority, and who is able to exercise that authority. Apart from that in the
administrative law relationship there are two examples thus in the general (or
objective) administrative-law relationship the legal rules apply to all the subjects within
a particular group. Thus the rules thus apply impersonally, to the whole group. Apart
from that an individual administrative-law relationship legal rules apply personally and
specifically between the parties. In addition to that the legal rules apply to specifically
identifiable legal subjects. In an individual administrative-law relationship legal rules
apply personally and specifically between the parties. Thus the legal rules apply to
specifically identifiable legal subjects. However, in the set of facts Mrs Zondo is an
official exercising power and she is acting in terms of section 6 of the Prevention of
IIegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
Question 2
‘administrative action’ means any decision taken, or any failure to take a decision, by
(a) an organ of state, when –
(i) exercising a power 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; or
(b) a natural or juristic person, other than an organ of state, when exercising a public
power
or performing a public function in terms of an empowering provision, which adversely
affects the rights of any person and which has a direct, external legal effect, thus there
are powers which do not include administrative action and they are not part of the
scenario.
