ADL2601
Assignment 1
Due 26 August 2025
, QUESTION 2: Sources of Administrative Law in South Africa (10 Marks)
Administrative law in South Africa is derived from various legal sources. These sources
provide either authoritative (binding) or persuasive (influential but not binding)
guidance. Below is a summary of each:
1. The Constitution of the Republic of South Africa, 1996 – Authoritative
The Constitution is the supreme law of the land and provides the foundation for
all administrative actions.
Section 33 guarantees the right to just administrative action, requiring that it be
lawful, reasonable, and procedurally fair.
It also mandates that legislation be enacted to give practical effect to this right,
thereby establishing a constitutional framework for administrative conduct.
2. Legislation (Acts and Regulations) – Authoritative
Statutes passed by legislative bodies, such as Parliament, directly regulate
administrative practices.
A key statute is the Promotion of Administrative Justice Act (PAJA), which
operationalizes the constitutional right to just administrative action.
Regulations issued under legislative authority also fall into this category and must
be adhered to by public officials.
3. Common Law – Persuasive, Sometimes Authoritative
Common law consists of legal principles established through judicial precedent,
such as the doctrines of natural justice and procedural fairness.
While still relevant, common law principles must now align with constitutional
norms and can be overridden by legislation.
Assignment 1
Due 26 August 2025
, QUESTION 2: Sources of Administrative Law in South Africa (10 Marks)
Administrative law in South Africa is derived from various legal sources. These sources
provide either authoritative (binding) or persuasive (influential but not binding)
guidance. Below is a summary of each:
1. The Constitution of the Republic of South Africa, 1996 – Authoritative
The Constitution is the supreme law of the land and provides the foundation for
all administrative actions.
Section 33 guarantees the right to just administrative action, requiring that it be
lawful, reasonable, and procedurally fair.
It also mandates that legislation be enacted to give practical effect to this right,
thereby establishing a constitutional framework for administrative conduct.
2. Legislation (Acts and Regulations) – Authoritative
Statutes passed by legislative bodies, such as Parliament, directly regulate
administrative practices.
A key statute is the Promotion of Administrative Justice Act (PAJA), which
operationalizes the constitutional right to just administrative action.
Regulations issued under legislative authority also fall into this category and must
be adhered to by public officials.
3. Common Law – Persuasive, Sometimes Authoritative
Common law consists of legal principles established through judicial precedent,
such as the doctrines of natural justice and procedural fairness.
While still relevant, common law principles must now align with constitutional
norms and can be overridden by legislation.
