1|Page
ADL2601 Assignment 1 Semester 1 2026 (Answer Guide) - DUE 27
March 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
Question 1: Describe the nature of the administrative law relationship that exists between
Top Comms and its staff members. (10 marks) ............................................................................... 2
1.1 The Individual Administrative-Law Relationship .................................................................. 2
1.2 The General Administrative-Law Relationship ...................................................................... 3
1.3 Conclusion on the Nature of the Relationship ...................................................................... 3
Question 2: Is Top Comms an organ of state? Explain. (10 marks) ........................................... 4
2.1 The Constitutional Definition ..................................................................................................... 4
2.2 Applying the Definition to Top Comms ................................................................................... 4
2.3 Conclusion ...................................................................................................................................... 5
Bibliography ...................................................................................................................................... 5
, 2|Page
Question 1: Describe the nature of the administrative law relationship that exists
between Top Comms and its staff members. (10 marks)
In the context of South African administrative law, the relationship between an organ of
state and its employees is a nuanced one. It is not a simple, singular relationship but
rather one that can manifest in different forms depending on the specific legal action
being taken. To advise the staff members of Top Comms correctly, it is essential to
distinguish between the two primary types of administrative-law
relationships: individual and general.
1.1 The Individual Administrative-Law Relationship
The relationship between Top Comms and its staff members is predominantly
an individual administrative-law relationship. This type of relationship is
characterised by its specific, personalised nature. It is established between the organ of
state (the administrative body) and an individual subject (the staff member) through an
individual administrative act or agreement, which then gives rise to particular rights and
duties for that specific person.
In this scenario, the individual relationship was created when each staff member
entered into a contract of employment with Top Comms. This employment contract,
coupled with the applicable terms and conditions of service, creates a unique legal bond
between Top Comms and each employee. The decisions that now affect the staff
members, such as the restructuring and potential retrenchments, are administrative
actions taken by Top Comms that impact the specific, individual rights and legitimate
expectations of these employees, which stem from their individual employment
contracts. As Baxter (1984: 385) notes, the source of an individual's rights in such a
relationship is often a specific agreement or an individual decision directed at that
person. The staff members' anger and worry are a direct result of Top Comms' actions
targeting their individual job security, a right derived from their individual relationship
with the employer.
ADL2601 Assignment 1 Semester 1 2026 (Answer Guide) - DUE 27
March 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
Question 1: Describe the nature of the administrative law relationship that exists between
Top Comms and its staff members. (10 marks) ............................................................................... 2
1.1 The Individual Administrative-Law Relationship .................................................................. 2
1.2 The General Administrative-Law Relationship ...................................................................... 3
1.3 Conclusion on the Nature of the Relationship ...................................................................... 3
Question 2: Is Top Comms an organ of state? Explain. (10 marks) ........................................... 4
2.1 The Constitutional Definition ..................................................................................................... 4
2.2 Applying the Definition to Top Comms ................................................................................... 4
2.3 Conclusion ...................................................................................................................................... 5
Bibliography ...................................................................................................................................... 5
, 2|Page
Question 1: Describe the nature of the administrative law relationship that exists
between Top Comms and its staff members. (10 marks)
In the context of South African administrative law, the relationship between an organ of
state and its employees is a nuanced one. It is not a simple, singular relationship but
rather one that can manifest in different forms depending on the specific legal action
being taken. To advise the staff members of Top Comms correctly, it is essential to
distinguish between the two primary types of administrative-law
relationships: individual and general.
1.1 The Individual Administrative-Law Relationship
The relationship between Top Comms and its staff members is predominantly
an individual administrative-law relationship. This type of relationship is
characterised by its specific, personalised nature. It is established between the organ of
state (the administrative body) and an individual subject (the staff member) through an
individual administrative act or agreement, which then gives rise to particular rights and
duties for that specific person.
In this scenario, the individual relationship was created when each staff member
entered into a contract of employment with Top Comms. This employment contract,
coupled with the applicable terms and conditions of service, creates a unique legal bond
between Top Comms and each employee. The decisions that now affect the staff
members, such as the restructuring and potential retrenchments, are administrative
actions taken by Top Comms that impact the specific, individual rights and legitimate
expectations of these employees, which stem from their individual employment
contracts. As Baxter (1984: 385) notes, the source of an individual's rights in such a
relationship is often a specific agreement or an individual decision directed at that
person. The staff members' anger and worry are a direct result of Top Comms' actions
targeting their individual job security, a right derived from their individual relationship
with the employer.
