ADL2601
Assignment 1
(ANSWERS)
Semester 2 2023
- DISTINCTION
GUARANTEED.
ADMIN
[COMPANY NAME]
, You have applied for a passport and are informed by the official working for
the Department of Home Affairs that your application was turned down. No
reasons are provided to you.
Questions 1. Does the turning down of your application constitute
administrative action? In your answer, you should fully discuss the concept
“administrative action” with reference to the provisions of the Promotion of
Administrative Justice Act 3 of 2000 (PAJA). (14)
The question you've posed relates to administrative action and its applicability under
the Promotion of Administrative Justice Act 3 of 2000 (PAJA). In South African
administrative law, the concept of administrative action is central to determining
whether a particular decision or action is subject to review. To address your question,
let's break down the key elements:
1. Administrative Action under PAJA:
PAJA defines administrative action broadly as any action, decision,
recommendation, or failure to act by an organ of state, exercising a public power
or performing a public function.
This means that not only formal decisions but also informal actions or omissions
by government entities can constitute administrative actions.
2. Turning Down of an Application:
When an application, such as a permit, license, or any request, is turned down by
a government authority, it typically constitutes administrative action under PAJA.
Administrative action includes both positive decisions (granting a permit) and
negative decisions (denying a permit).
3. Criteria for Administrative Action under PAJA:
PAJA sets out specific criteria that must be met for an action to qualify as
administrative action. These criteria include: a. The action must be taken by an
"organ of state." b. The action must involve the exercise of "public power" or the
performance of a "public function." c. The action must be subject to review under
PAJA.
4. Discussion:
Turning down an application by a government entity is typically performed by an
organ of state (e.g., a government department or regulatory agency), which
satisfies the first criterion.
The act of reviewing and deciding on applications generally involves the exercise
of public power or the performance of a public function, meeting the second
criterion.
Therefore, the turning down of your application is likely to constitute
administrative action under PAJA.
5. Review under PAJA:
PAJA provides procedures for the review of administrative actions, including
grounds for review such as legality, procedural fairness, reasonableness, and the
right to be heard.
If you believe that your application was turned down unfairly or unlawfully, you
may have the right to seek review under PAJA.
6. Conclusion:
Assignment 1
(ANSWERS)
Semester 2 2023
- DISTINCTION
GUARANTEED.
ADMIN
[COMPANY NAME]
, You have applied for a passport and are informed by the official working for
the Department of Home Affairs that your application was turned down. No
reasons are provided to you.
Questions 1. Does the turning down of your application constitute
administrative action? In your answer, you should fully discuss the concept
“administrative action” with reference to the provisions of the Promotion of
Administrative Justice Act 3 of 2000 (PAJA). (14)
The question you've posed relates to administrative action and its applicability under
the Promotion of Administrative Justice Act 3 of 2000 (PAJA). In South African
administrative law, the concept of administrative action is central to determining
whether a particular decision or action is subject to review. To address your question,
let's break down the key elements:
1. Administrative Action under PAJA:
PAJA defines administrative action broadly as any action, decision,
recommendation, or failure to act by an organ of state, exercising a public power
or performing a public function.
This means that not only formal decisions but also informal actions or omissions
by government entities can constitute administrative actions.
2. Turning Down of an Application:
When an application, such as a permit, license, or any request, is turned down by
a government authority, it typically constitutes administrative action under PAJA.
Administrative action includes both positive decisions (granting a permit) and
negative decisions (denying a permit).
3. Criteria for Administrative Action under PAJA:
PAJA sets out specific criteria that must be met for an action to qualify as
administrative action. These criteria include: a. The action must be taken by an
"organ of state." b. The action must involve the exercise of "public power" or the
performance of a "public function." c. The action must be subject to review under
PAJA.
4. Discussion:
Turning down an application by a government entity is typically performed by an
organ of state (e.g., a government department or regulatory agency), which
satisfies the first criterion.
The act of reviewing and deciding on applications generally involves the exercise
of public power or the performance of a public function, meeting the second
criterion.
Therefore, the turning down of your application is likely to constitute
administrative action under PAJA.
5. Review under PAJA:
PAJA provides procedures for the review of administrative actions, including
grounds for review such as legality, procedural fairness, reasonableness, and the
right to be heard.
If you believe that your application was turned down unfairly or unlawfully, you
may have the right to seek review under PAJA.
6. Conclusion:
