ADL2601
Assignment 1 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 2025
QUESTION 1 (2 ANSWERS PROVIDED)
In South African administrative law, judicial review and appeal serve distinct yet
complementary functions in ensuring administrative justice.
Judicial review focuses on the legality or validity of an administrative decision. It examines
whether the decision-maker acted within the scope of their lawful authority and followed fair
procedures when arriving at the decision. Under the Constitution and the Promotion of
Administrative Justice Act 3 of 2000 (PAJA), courts enjoy inherent review jurisdiction, allowing
them to scrutinize all administrative action for compliance with legal requirements such as
lawfulness, procedural fairness, and reasonableness. Judicial review thus looks at the process
rather than the merits of the decision. It may go beyond the initial record to detect any
procedural irregularities, bias, or unauthorized action. If a court finds a decision unlawful, it can
grant an appropriate remedy, which could involve setting aside the decision or remitting the
matter for reconsideration.
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.
Assignment 1 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 2025
QUESTION 1 (2 ANSWERS PROVIDED)
In South African administrative law, judicial review and appeal serve distinct yet
complementary functions in ensuring administrative justice.
Judicial review focuses on the legality or validity of an administrative decision. It examines
whether the decision-maker acted within the scope of their lawful authority and followed fair
procedures when arriving at the decision. Under the Constitution and the Promotion of
Administrative Justice Act 3 of 2000 (PAJA), courts enjoy inherent review jurisdiction, allowing
them to scrutinize all administrative action for compliance with legal requirements such as
lawfulness, procedural fairness, and reasonableness. Judicial review thus looks at the process
rather than the merits of the decision. It may go beyond the initial record to detect any
procedural irregularities, bias, or unauthorized action. If a court finds a decision unlawful, it can
grant an appropriate remedy, which could involve setting aside the decision or remitting the
matter for reconsideration.
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.
