Semester 1 2026 - DUE 27 March 2026; 100% Correct
solutions and explanations.
2 ANSWERS PROVIDED
1. Introduction
South Africa frequently experiences disasters such as floods, fires and
storms which affect vulnerable communities, particularly those living in
informal settlements. In January 2026, a devastating fire broke out in the
Du Noon informal settlement in Cape Town leaving approximately 3000
residents homeless. Many residents lost their homes, personal
belongings and basic necessities. Among the affected individuals is Ms
Asmal who suffered severe stress as a result of the incident and required
hospitalisation.
Following the disaster, the City of Cape Town Council and the
Department of Human Settlements intervened to assist the affected
residents. The government provided temporary shelters, food, clothing,
medicine and building materials to enable residents to rebuild their
homes. The intervention was undertaken within the framework of
disaster relief measures required by law.
The legal question that arises is whether the decision by the Department
of Human Settlements to distribute building materials constitutes
administrative action in terms of South African law. Determining this
issue is important because if the conduct qualifies as administrative
action, it must comply with the constitutional requirements of
lawfulness, reasonableness and procedural fairness. This essay analyses
the concept of administrative action, the relevant legislative framework
and case law, and applies these principles to the scenario.
2. Constitutional Foundation of Administrative Justice