ADL2601 EXAM PACK 2026 - DISTINCTION

100%




ADL2601
EXAM PACK


DISTINCTION QUALITY




UNISA EXAM

, EXAM PREP ADL201 – 2026


DEFINITION OF AN ADMINISTRATIVE LAW RELATIONSHIP:

 An administrative relationship exists between 2 or more people where:

○ At least one of the subjects is a person or body clothed in state authority,
○ Who is able to exercise authority over a person or body in a subordinate position,
○ Whose rights are affected by the action
○ An unequal relationship

 2 kinds of admin-law relationships:

 General admin-law relationship
○ Legal rules governing the relationship apply to all subjects in a particular group
○ Created by, changed and terminated by legislation

 Individual admin-law relationship
○ Legal rules apply personally and specifically between parties
○ Created by individual admin-law decisions


DEFINITION OF ADMINISTRATIVE ACTION ITO PAJA:

 Admin action means a decision taken or failure to take a decision by:
(a) an organ of state in exercising a power ito the Const, or a provincial const, or in
exercising a public power or performing a public function ito any legislation

Or

(b) a natural or juristic person which is not an organ of state when exercising a
public power or performing a public function ito an empowering provision, which
adversely affects the rights of any person and which has a direct external legal
effect.


 PAJA also defines ‘decision’ as being of an admin nature under an empowering
statute taken by an organ of state as defined in Sec 239 of the Constitution

 Examples of action excluded from the definition of AA in the PAJA:

 Powers + functions of:  National  Provincial  Local Executives
 Legislative functions of:  Parliament  Provincial Legislatures  Local Councils
 Judicial functions of:  Judicial Officers of the Court

,DEFINITION OF AN ORGAN OF STATE AS DEFINED BY THE CONSTITUTION

 Sec 239 of the Constitution:
(a) Any dept of state or administration in the National, Provincial or Local sphere of
government
Or

(b) Any other functionary or institution that
○ exercises a power or performs a public function ito the Constitution or a
provincial constitution

or

○ exercises a public power or performs a public function ito any legislation

(c) A court or a judicial officer is excluded


CONCEPT OF DELEGATION

 The rule delegatus delegare non potest = if the action entails the exercise of a
discretion, no delegation takes place unless authorized by the relevant legislation
○ ie – if a power is conferred on an administrator because of specific qualifications,
expertise or knowledge, this function may not be delegated to another functionary.

[ delegatus delegare non potest rule = rule against unauthorized delegation ]

 Case Ref: Shidiack vs Union Government
 Delegation is possible ito Sec 238 of the Constitution if:
 it is consistent with the legislation ito which the power is exercised or the
function is performed
Or
 the power is exercised for another organ of state on an agency or delegation
basis
 A subordinate may be instructed to implement a decision
 An administrator may not put itself in the position of having to accept directions or
orders from another body
 The administrator may appoint a fact-finding body to assist it, providing the final
discretion is exercised by the proper authority


REQUIREMENTS FOR JUST ADMIN ACTION AS SET OUT IN SEC 33 OF THE CONST

 LAWFULNESS
 FAIR PROCEDURE
 REASONABLENESS
 WRITTEN REASONS WHERE RIGHTS HAVE BEEN ADVERSELY AFFECTED

, PROCEDURALLY FAIR ADMIN ACTION: ITO SECTION 3 OF THE PAJA & COMMON LAW
 SECTION 3 OF THE PAJA
 Applies to the individual administrative-law relationship
 AA which materially and adversely affects the right or legitimate expectations of
any person must be procedurally fair
 Extends to include legitimate expectations:
○ Jenkins – the doctrine of legitimate expectations has become part of our CL
 States that a fair admin procedure depends on the circumstances of each case
 Obligatory Requirements: (s 3(2)(b))
 Adequate notice of nature and purpose of proposed action
 Reasonable opportunity to make representations
 Clear statement of the administrative action
 Adequate notice of any right of review or internal appeal
 Adequate notice of the right to request reasons
 Discretionary Requirements: (s 3(3))
 Opportunity to obtain assistance and even legal assistance in complex cases
 Opportunity to present and dispute information and arguments
 Opportunity to appear in person

 The above requirements may be departed from only if reasonable and justifiable.
This is determined by taking all relevant factors into account: 
 The objects of the empowering provision
 The nature and purpose of and need for the action
 The likely effect of the administrative action
 The urgency of the matter
 The need to promote efficient administration and good governance
 The limitation must also comply with s 36 of the Constitution
 The administrator may also follow a different but fair procedure if empowering
provision authorizes this
 COMMON LAW
 Rules of natural justice
 audi alteram partem (audi rule) – “to hear the other side”
 Opportunity to be heard
 Proper notice of the intended action
 Reasonable and timeous notice
 Personal appearance / written representations
 Legal representation if warranted
 The right to lead evidence & cross-examine not innate
 Public hearing
 To be informed of considerations which count against the person
 Reasons must be given reasons for the decision
 nemo iudex in sua propia causa (nemo judex rule) – “rule against bias”
 One may not be a judge in one’s own cause
 The decision maker must be impartial and not biased
 No personal or pecuniary interest
○ Rose – pecuniary interest ○ Liebenberg – personal interest