ADL2601
EXAM PACK
,Administrative Law
Comprehensive Study Notes
Study Unit 1: Key Features of Administrative Law
Administrative law is a branch of public law concerned with the regulation of state
authority and the conduct of organs of state, institutions, and other bodies exercising
public power. It serves as a safeguard to ensure that power is not abused, that citizens
are protected against arbitrary action, and that government functions within the
boundaries of the law.
1. State Authority
Definition: State authority refers to the legal power vested in organs of state or
delegated to natural or juristic persons to act on behalf of the state.
Nature:
o This authority is hierarchical in nature, where one party (the state or its
delegate) is in a superior position, while the other (citizen or subordinate
body) is in a dependent or subordinate position.
o The exercise of state authority often affects the rights, privileges, or duties
of individuals.
Key Question: In administrative law, the critical issue is whether a particular
person or body acted as an organ of state and whether such actor truly had
public authority. If they were exercising a public function, then administrative
law applies.
2. Administrative Action
Definition: Administrative action is the conduct, decision, or omission of
administrators, officials, or bodies when exercising public power or performing
public functions under legislation.
, Forms:
o It usually takes the form of a decision (e.g., granting or refusing a licence,
allocating housing, appointing an employee).
o Administrative action can also include omissions, such as failure to act
where a duty exists.
Importance: Every administrative action is subject to constitutional principles of
lawfulness, reasonableness, and fairness.
3. Just Administrative Action
Constitutional Foundation: Section 33 of the Constitution of the Republic of
South Africa, 1996, guarantees the right to just administrative action.
Requirements:
o Lawfulness: Administrators must act within the powers granted by law.
o Reasonableness: Decisions must be rational and proportionate to the
purpose they serve.
o Procedural Fairness: Affected individuals must be given a fair hearing,
reasons for decisions, and an opportunity to appeal or review.
Example: When a municipality decides to demolish an illegally erected structure,
it must notify the affected party, allow them to make representations, and provide
reasons for the final decision.
4. Control of Administrative Action
Meaning: This feature refers to mechanisms available to correct, review, or set
aside administrative action that is unlawful, unfair, or unreasonable.
Forms of Control:
o Internal Remedies: Appeals or reviews within the department or
institution.
o Judicial Control: Courts can review or set aside administrative action
through judicial review under the Promotion of Administrative Justice Act
(PAJA).
, o Oversight Institutions: The Public Protector, Human Rights Commission,
and Auditor-General ensure accountability.
Purpose: To prevent abuse of power and protect the rights of citizens.
What is Administrative Law?
Administrative law is a part of public law that regulates the activities of organs of
state and other bodies performing public functions.
It prescribes the procedures to be followed, ensuring that public power is
exercised within the boundaries of the law.
It provides control mechanisms over state action to ensure accountability,
fairness, and legality.
Study Unit 2: The Administrative-Law Relationship
Administrative-law relationships describe the connection between those who exercise
state authority and those subject to such authority. These relationships are always
vertical (hierarchical) because one party holds power while the other is subordinate.
1. Public Law vs Private Law
Public Law:
o Regulates the organisation and functioning of the state.
o Governs the relationship between the state (as bearer of authority) and
individuals.
o Relationship is vertical – the state is superior, the citizen subordinate.
Private Law:
o Governs relationships between individuals or juristic persons.
o Based on equality between the parties.
o Relationship is horizontal – both parties are on equal footing.
2. Characteristics of Administrative-Law Relationships
EXAM PACK
,Administrative Law
Comprehensive Study Notes
Study Unit 1: Key Features of Administrative Law
Administrative law is a branch of public law concerned with the regulation of state
authority and the conduct of organs of state, institutions, and other bodies exercising
public power. It serves as a safeguard to ensure that power is not abused, that citizens
are protected against arbitrary action, and that government functions within the
boundaries of the law.
1. State Authority
Definition: State authority refers to the legal power vested in organs of state or
delegated to natural or juristic persons to act on behalf of the state.
Nature:
o This authority is hierarchical in nature, where one party (the state or its
delegate) is in a superior position, while the other (citizen or subordinate
body) is in a dependent or subordinate position.
o The exercise of state authority often affects the rights, privileges, or duties
of individuals.
Key Question: In administrative law, the critical issue is whether a particular
person or body acted as an organ of state and whether such actor truly had
public authority. If they were exercising a public function, then administrative
law applies.
2. Administrative Action
Definition: Administrative action is the conduct, decision, or omission of
administrators, officials, or bodies when exercising public power or performing
public functions under legislation.
, Forms:
o It usually takes the form of a decision (e.g., granting or refusing a licence,
allocating housing, appointing an employee).
o Administrative action can also include omissions, such as failure to act
where a duty exists.
Importance: Every administrative action is subject to constitutional principles of
lawfulness, reasonableness, and fairness.
3. Just Administrative Action
Constitutional Foundation: Section 33 of the Constitution of the Republic of
South Africa, 1996, guarantees the right to just administrative action.
Requirements:
o Lawfulness: Administrators must act within the powers granted by law.
o Reasonableness: Decisions must be rational and proportionate to the
purpose they serve.
o Procedural Fairness: Affected individuals must be given a fair hearing,
reasons for decisions, and an opportunity to appeal or review.
Example: When a municipality decides to demolish an illegally erected structure,
it must notify the affected party, allow them to make representations, and provide
reasons for the final decision.
4. Control of Administrative Action
Meaning: This feature refers to mechanisms available to correct, review, or set
aside administrative action that is unlawful, unfair, or unreasonable.
Forms of Control:
o Internal Remedies: Appeals or reviews within the department or
institution.
o Judicial Control: Courts can review or set aside administrative action
through judicial review under the Promotion of Administrative Justice Act
(PAJA).
, o Oversight Institutions: The Public Protector, Human Rights Commission,
and Auditor-General ensure accountability.
Purpose: To prevent abuse of power and protect the rights of citizens.
What is Administrative Law?
Administrative law is a part of public law that regulates the activities of organs of
state and other bodies performing public functions.
It prescribes the procedures to be followed, ensuring that public power is
exercised within the boundaries of the law.
It provides control mechanisms over state action to ensure accountability,
fairness, and legality.
Study Unit 2: The Administrative-Law Relationship
Administrative-law relationships describe the connection between those who exercise
state authority and those subject to such authority. These relationships are always
vertical (hierarchical) because one party holds power while the other is subordinate.
1. Public Law vs Private Law
Public Law:
o Regulates the organisation and functioning of the state.
o Governs the relationship between the state (as bearer of authority) and
individuals.
o Relationship is vertical – the state is superior, the citizen subordinate.
Private Law:
o Governs relationships between individuals or juristic persons.
o Based on equality between the parties.
o Relationship is horizontal – both parties are on equal footing.
2. Characteristics of Administrative-Law Relationships
