UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Law
⋄
Administrative Action under Section 1 of
PAJA
Semester 2 Assignment 01 — 2026
⋄
Module Code: ADL2601
Module Name: Administrative Law
Assignment No.: Assignment 01
Due Date: 25 August 2026
Semester: Semester 2, 2026
Submitted in partial fulfilment of the requirements for Administrative Law
at the University of South Africa.
, UNISA | ADL2601 Administrative Action under PAJA
Question 1: The Revocation of Mr X’s Abnormal Loads Permit
Mr X wants to know whether the Provincial Department of Transport’s decision to revoke
his Abnormal Loads Permit is subject to the Promotion of Administrative Justice Act 3 of
2000 (PAJA)1 at all, before any question of lawfulness, reasonableness or procedural fairness
can be raised. PAJA gives statutory content to the right in section 33 of the Constitution2
to administrative action that is lawful, reasonable and procedurally fair, but that right only
attaches once conduct falls within the closed statutory definition of “administrative action” in
section 1 of PAJA. The Supreme Court of Appeal in Grey’s Marine Hout Bay (Pty) Ltd v Minister
of Public Works described this definition as cumbersome and convoluted precisely because
it is built up from several cumulative requirements that must all be satisfied before PAJA
applies.3 Each requirement is considered below and then applied to the facts concerning Mr
X.
1.1 The Statutory Definition and its Requirements
Section 1 of PAJA defines administrative action, in its core form, as any decision of an ad-
ministrative nature taken, or any failure to take a decision, by an organ of state exercising a
public power or performing a public function in terms of legislation, or by a natural or juristic
person exercising a public power or performing a public function in terms of an empowering
provision, which adversely affects the rights of any person and which has a direct, external
legal effect, and which does not fall within any of the listed exclusions.4 Nugent JA distilled
the core of this definition in Grey’s Marine to the idea of “action (a decision) of an adminis-
trative nature taken by a public body or functionary”.5 Read together with the case law, the
definition breaks down into seven cumulative requirements, each of which carries its own
legal significance.
A decision, or a failure to take a decision. PAJA defines “decision” broadly in section 1(v) to
include a decision of an administrative, executive, legislative, judicial or quasi-judicial nature,
whether proposed, made or required to be made, and extends this to a failure to decide within
a reasonable time.6 This requirement exists because judicial review under PAJA is triggered
1
Promotion of Administrative Justice Act 3 of 2000.
2
Constitution of the Republic of South Africa, 1996, s 33.
3
Grey’s Marine Hout Bay (Pty) Ltd and Others v Minister of Public Works and Others 2005 (6) SA 313 (SCA) para
21.
4
Promotion of Administrative Justice Act 3 of 2000, s 1(i).
5
Grey’s Marine (n 3) para 21.
6
Promotion of Administrative Justice Act 3 of 2000, s 1(v).
Page 1 of 11
College of Law
⋄
Administrative Action under Section 1 of
PAJA
Semester 2 Assignment 01 — 2026
⋄
Module Code: ADL2601
Module Name: Administrative Law
Assignment No.: Assignment 01
Due Date: 25 August 2026
Semester: Semester 2, 2026
Submitted in partial fulfilment of the requirements for Administrative Law
at the University of South Africa.
, UNISA | ADL2601 Administrative Action under PAJA
Question 1: The Revocation of Mr X’s Abnormal Loads Permit
Mr X wants to know whether the Provincial Department of Transport’s decision to revoke
his Abnormal Loads Permit is subject to the Promotion of Administrative Justice Act 3 of
2000 (PAJA)1 at all, before any question of lawfulness, reasonableness or procedural fairness
can be raised. PAJA gives statutory content to the right in section 33 of the Constitution2
to administrative action that is lawful, reasonable and procedurally fair, but that right only
attaches once conduct falls within the closed statutory definition of “administrative action” in
section 1 of PAJA. The Supreme Court of Appeal in Grey’s Marine Hout Bay (Pty) Ltd v Minister
of Public Works described this definition as cumbersome and convoluted precisely because
it is built up from several cumulative requirements that must all be satisfied before PAJA
applies.3 Each requirement is considered below and then applied to the facts concerning Mr
X.
1.1 The Statutory Definition and its Requirements
Section 1 of PAJA defines administrative action, in its core form, as any decision of an ad-
ministrative nature taken, or any failure to take a decision, by an organ of state exercising a
public power or performing a public function in terms of legislation, or by a natural or juristic
person exercising a public power or performing a public function in terms of an empowering
provision, which adversely affects the rights of any person and which has a direct, external
legal effect, and which does not fall within any of the listed exclusions.4 Nugent JA distilled
the core of this definition in Grey’s Marine to the idea of “action (a decision) of an adminis-
trative nature taken by a public body or functionary”.5 Read together with the case law, the
definition breaks down into seven cumulative requirements, each of which carries its own
legal significance.
A decision, or a failure to take a decision. PAJA defines “decision” broadly in section 1(v) to
include a decision of an administrative, executive, legislative, judicial or quasi-judicial nature,
whether proposed, made or required to be made, and extends this to a failure to decide within
a reasonable time.6 This requirement exists because judicial review under PAJA is triggered
1
Promotion of Administrative Justice Act 3 of 2000.
2
Constitution of the Republic of South Africa, 1996, s 33.
3
Grey’s Marine Hout Bay (Pty) Ltd and Others v Minister of Public Works and Others 2005 (6) SA 313 (SCA) para
21.
4
Promotion of Administrative Justice Act 3 of 2000, s 1(i).
5
Grey’s Marine (n 3) para 21.
6
Promotion of Administrative Justice Act 3 of 2000, s 1(v).
Page 1 of 11
