ADL2601 Assignment 2 Quiz Study Guide 2025/2026
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Part 1: Foundations of Administrative Law & PAJA
1. Q: What is the primary purpose of the Promotion of Administrative
Justice Act (PAJA) 3 of 2000?
A: To give effect to the right to administrative action that is lawful, reasonable, and
procedurally fair, and to the right to written reasons, as enshrined in Section 33 of
the Constitution.
Rationale: PAJA is the crucial legislation that operationalizes the constitutional
right to just administrative action.
2. Q: Which section of the Constitution is the source of the right to just
administrative action?
A: Section 33 of the Constitution of the Republic of South Africa, 1996.
Rationale: This is the foundational constitutional provision from which all
administrative law principles flow.
3. Q: What are the three core grounds for judicial review of administrative
action under PAJA?
A: Lawfulness, Reasonableness, and Procedural Fairness.
Rationale: These are the "holy trinity" of administrative review, as outlined in
Section 6 of PAJA.
4. Q: Define "administrative action" as per PAJA.
A: It is a decision of an administrative nature taken by an organ of state or a natural
or juristic person exercising a public power or performing a public function, which
adversely affects rights and has a direct, external legal effect.
Rationale: This definition is critical because PAJA only applies to conduct that
qualifies as "administrative action."
, 5. Q: Which of the following is generally NOT considered 'administrative
action' under PAJA?
a) A municipal decision to deny a building permit.
b) The President's decision to appoint a cabinet minister.
c) A SARS assessment for additional taxes.
d) A public university expelling a student for plagiarism.
A: b) The President's decision to appoint a cabinet minister.
Rationale: This is a high-level policy/political decision, not a decision of an
administrative nature, and is typically excluded from PAJA's scope.
6. Q: The principle of audi alteram partem means:
A: To hear the other side. It is a component of procedural fairness that requires a
decision-maker to listen to both parties before making a decision.
Rationale: This is a fundamental Latin maxim underpinning the right to a fair
hearing.
7. Q: The principle of nemo iudex in sua causa means:
A: No one should be a judge in their own cause. It prohibits bias in administrative
decision-making.
Rationale: This is the principle against bias, a key aspect of procedural fairness.
8. Q: What is the doctrine of legality?
A: A foundational constitutional principle that requires all exercises of public
power to be lawful. It applies to actions that fall outside the definition of
"administrative action" in PAJA.
Rationale: It serves as a safety net to ensure all state action is subject to the
Constitution and the law.
9. Q: The case of Fedsure Life Assurance Ltd v Greater Johannesburg
Transitional Metropolitan Council established the importance of:
A: The principle of legality, stating that every exercise of public power must be
authorized by law.
Rationale: This is a landmark case that firmly entrenched the doctrine of legality
in South African administrative law.
Verified Questions and Correct Solutions with Rationales ||
100% Guaranteed Pass
Part 1: Foundations of Administrative Law & PAJA
1. Q: What is the primary purpose of the Promotion of Administrative
Justice Act (PAJA) 3 of 2000?
A: To give effect to the right to administrative action that is lawful, reasonable, and
procedurally fair, and to the right to written reasons, as enshrined in Section 33 of
the Constitution.
Rationale: PAJA is the crucial legislation that operationalizes the constitutional
right to just administrative action.
2. Q: Which section of the Constitution is the source of the right to just
administrative action?
A: Section 33 of the Constitution of the Republic of South Africa, 1996.
Rationale: This is the foundational constitutional provision from which all
administrative law principles flow.
3. Q: What are the three core grounds for judicial review of administrative
action under PAJA?
A: Lawfulness, Reasonableness, and Procedural Fairness.
Rationale: These are the "holy trinity" of administrative review, as outlined in
Section 6 of PAJA.
4. Q: Define "administrative action" as per PAJA.
A: It is a decision of an administrative nature taken by an organ of state or a natural
or juristic person exercising a public power or performing a public function, which
adversely affects rights and has a direct, external legal effect.
Rationale: This definition is critical because PAJA only applies to conduct that
qualifies as "administrative action."
, 5. Q: Which of the following is generally NOT considered 'administrative
action' under PAJA?
a) A municipal decision to deny a building permit.
b) The President's decision to appoint a cabinet minister.
c) A SARS assessment for additional taxes.
d) A public university expelling a student for plagiarism.
A: b) The President's decision to appoint a cabinet minister.
Rationale: This is a high-level policy/political decision, not a decision of an
administrative nature, and is typically excluded from PAJA's scope.
6. Q: The principle of audi alteram partem means:
A: To hear the other side. It is a component of procedural fairness that requires a
decision-maker to listen to both parties before making a decision.
Rationale: This is a fundamental Latin maxim underpinning the right to a fair
hearing.
7. Q: The principle of nemo iudex in sua causa means:
A: No one should be a judge in their own cause. It prohibits bias in administrative
decision-making.
Rationale: This is the principle against bias, a key aspect of procedural fairness.
8. Q: What is the doctrine of legality?
A: A foundational constitutional principle that requires all exercises of public
power to be lawful. It applies to actions that fall outside the definition of
"administrative action" in PAJA.
Rationale: It serves as a safety net to ensure all state action is subject to the
Constitution and the law.
9. Q: The case of Fedsure Life Assurance Ltd v Greater Johannesburg
Transitional Metropolitan Council established the importance of:
A: The principle of legality, stating that every exercise of public power must be
authorized by law.
Rationale: This is a landmark case that firmly entrenched the doctrine of legality
in South African administrative law.
