ADL2601 - Concepts to know
1. Administrative action – KNOW PAJA (know the definition)
o Section 1 of PAJA defines “administrative action” as any decision taken, or any
failure to take a decision, by-
an organ of state, when-
(i) exercising a power in terms of the Constitution or a provincial
constitution; or
(ii) exercising a public power or performing a public function in
terms of any legislation; or
a natural or juristic person, other than an organ of state, when 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.
Example of NOT admin action: President signing legislation into effect
2. Organ of state (NB! KNOW the definition)
o Organ of state is defined in section 239 of the Constitution. (a) any department of
state or administration in the national, provincial or local sphere of government; or
any other functionary or institution that (i) exercises a power or performs a function
in terms of the Constitution or a provincial constitution; or (ii) exercises a public
power or performs a public function in terms of any legislation. A court or a judicial
officer is not included
3. General and specific admin-law (legal) relationships
o At least one of the legal subjects must be a person or body who exercises power
o position of power must be held by a person or body clothed with state authority,
and who is able to exercise that authority (power to prescribe, restrain, or allow
others to act in a certain way)
4. Rules of audi alterum partem
o opportunity to be heard
o informed of considerations which count against him or her
o Reasons must be given
5. Principle of legality (and case law)
o The lawfulness of state action; in other words, government by the law and under the
law
6. Delegation of power (rules etc.)
o General rule against delegation (famous maxim commit to memory NB!)
o Foster case + Shidiack v Union Government
7. Legitimate expectation
o Fairly new to our law
o Traub v Transvaal case law (doctors Baragwaneth hospital)
o Jenkins case (civil service benefits)
1. Administrative action – KNOW PAJA (know the definition)
o Section 1 of PAJA defines “administrative action” as any decision taken, or any
failure to take a decision, by-
an organ of state, when-
(i) exercising a power in terms of the Constitution or a provincial
constitution; or
(ii) exercising a public power or performing a public function in
terms of any legislation; or
a natural or juristic person, other than an organ of state, when 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.
Example of NOT admin action: President signing legislation into effect
2. Organ of state (NB! KNOW the definition)
o Organ of state is defined in section 239 of the Constitution. (a) any department of
state or administration in the national, provincial or local sphere of government; or
any other functionary or institution that (i) exercises a power or performs a function
in terms of the Constitution or a provincial constitution; or (ii) exercises a public
power or performs a public function in terms of any legislation. A court or a judicial
officer is not included
3. General and specific admin-law (legal) relationships
o At least one of the legal subjects must be a person or body who exercises power
o position of power must be held by a person or body clothed with state authority,
and who is able to exercise that authority (power to prescribe, restrain, or allow
others to act in a certain way)
4. Rules of audi alterum partem
o opportunity to be heard
o informed of considerations which count against him or her
o Reasons must be given
5. Principle of legality (and case law)
o The lawfulness of state action; in other words, government by the law and under the
law
6. Delegation of power (rules etc.)
o General rule against delegation (famous maxim commit to memory NB!)
o Foster case + Shidiack v Union Government
7. Legitimate expectation
o Fairly new to our law
o Traub v Transvaal case law (doctors Baragwaneth hospital)
o Jenkins case (civil service benefits)
