EDL3703
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be lawful,
reasonable and procedurally fair.1 Lawfulness means that a decision must be made within
the powers given by law and not go beyond what is allowed. A school, for example, must act
within the rules set by legislation such as the Schools Act.1
Reasonableness means that the decision must make sense and be based on proper facts. It
should not be unfair or irrational. If a school disciplines a learner, the punishment must be
suitable for the misconduct and not excessive.1 Procedural fairness means that the learner
must be treated fairly during the process. This includes giving the learner a chance to be
heard before a decision is made.1 The Constitution also gives the right to written reasons
where a person’s rights have been affected.1
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Use this document as a guide for learning, comparison and reference purpose,
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By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be
lawful, reasonable and procedurally fair.1 Lawfulness means that a decision must be
made within the powers given by law and not go beyond what is allowed. A school,
for example, must act within the rules set by legislation such as the Schools Act.2
Reasonableness means that the decision must make sense and be based on proper
facts. It should not be unfair or irrational. If a school disciplines a learner, the
punishment must be suitable for the misconduct and not excessive. 3 Procedural
fairness means that the learner must be treated fairly during the process. This
includes giving the learner a chance to be heard before a decision is made.4 The
Constitution also gives the right to written reasons where a person’s rights have
been affected.5
1.2 Basic elements of procedural fairness in disciplinary proceedings
Procedural fairness is drawn from both common law and legislation such as the
Promotion of Administrative Justice Act. It sets out how a fair process must be
followed when a learner faces disciplinary action.6
One important element is notice of the hearing. The learner must be informed
about the charges against them in good time so that they can prepare a response.7
Another element is the right to be heard. This means the learner must be given an
opportunity to explain their side of the story. This principle is often referred to as audi
alteram partem.8
1
Constitution of the Republic of South Africa, 1996 s 33.
2
South African Schools Act 84 of 1996.
3
Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (4) SA 490 (CC).
4
Constitution of the Republic of South Africa, 1996 s 33(1).
5
Constitution of the Republic of South Africa, 1996 s 33(2).
6
Promotion of Administrative Justice Act 3 of 2000.
7
Promotion of Administrative Justice Act 3 of 2000 s 3(2)(b)(i).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be lawful,
reasonable and procedurally fair.1 Lawfulness means that a decision must be made within
the powers given by law and not go beyond what is allowed. A school, for example, must act
within the rules set by legislation such as the Schools Act.1
Reasonableness means that the decision must make sense and be based on proper facts. It
should not be unfair or irrational. If a school disciplines a learner, the punishment must be
suitable for the misconduct and not excessive.1 Procedural fairness means that the learner
must be treated fairly during the process. This includes giving the learner a chance to be
heard before a decision is made.1 The Constitution also gives the right to written reasons
where a person’s rights have been affected.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be
lawful, reasonable and procedurally fair.1 Lawfulness means that a decision must be
made within the powers given by law and not go beyond what is allowed. A school,
for example, must act within the rules set by legislation such as the Schools Act.2
Reasonableness means that the decision must make sense and be based on proper
facts. It should not be unfair or irrational. If a school disciplines a learner, the
punishment must be suitable for the misconduct and not excessive. 3 Procedural
fairness means that the learner must be treated fairly during the process. This
includes giving the learner a chance to be heard before a decision is made.4 The
Constitution also gives the right to written reasons where a person’s rights have
been affected.5
1.2 Basic elements of procedural fairness in disciplinary proceedings
Procedural fairness is drawn from both common law and legislation such as the
Promotion of Administrative Justice Act. It sets out how a fair process must be
followed when a learner faces disciplinary action.6
One important element is notice of the hearing. The learner must be informed
about the charges against them in good time so that they can prepare a response.7
Another element is the right to be heard. This means the learner must be given an
opportunity to explain their side of the story. This principle is often referred to as audi
alteram partem.8
1
Constitution of the Republic of South Africa, 1996 s 33.
2
South African Schools Act 84 of 1996.
3
Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (4) SA 490 (CC).
4
Constitution of the Republic of South Africa, 1996 s 33(1).
5
Constitution of the Republic of South Africa, 1996 s 33(2).
6
Promotion of Administrative Justice Act 3 of 2000.
7
Promotion of Administrative Justice Act 3 of 2000 s 3(2)(b)(i).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
