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ADL 2601 ASSIGNMENT 1 SEMESTER 1
Unique number: 534338
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Assignment 1 Semester 1 2021
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Due: 3/15/2021
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jklzxcvbnmqwertyuiopasdfghjklzxcvbnmq
wertyuiopasdfghjklzxcvbnmqwertyuiopa
, ADL 2601 ASSIGNMENT 1 SEMESTER 1 2021
Question 1 a
An administrative-law relationship exists between two parties in an unequal relationship.
One of the subjects is a person or body clothed in state authority who is able to exercise
that authority over a person or body in a subordinate position whose rights are affected
by the action. MTA is a subject of an administrative-law relationship (an individual
administrative-law relationship where rules apply personally and specifically between
the parties and the relationship is created by individual administrative decisions).
In the Absa case the court held that although the conduct of the Public protector was in
accordance with PAJA administrative law it however failed to meet the requirements of
section 33 of the constitution and also the requirements of legality. As a result the Public
protector’s actions were deemed to be unfair as she did not comply with the element of
procedural fairness. The court accepted the applicants grounds for review and PAJA is
applicable in terms of those grounds. The Public Protector contested that the rights of
the applicants were not affected but the court said it was not necessary to determine
whether their rights were affected or not.
In the Pharmaceutical Manufacturers Association of South Africa case it was held that
administrative law can be defined as an incident of the separation of powers under
which courts regulate and control exercise of public power through administrative law.
In exercising public power the branches of the state have to comply with the principle of
legality that is the powers have to be exercised in a manner that is lawful, in good faith
and also rationally. Administrative action involves what may not be done or what may be
done by the administration and in this case we are focusing on what can be done and
also what cannot be done by the Public Protector in relation to the ABSA case. Even
SARB and ABSA argued that the Public Protector’s reported was biased and although it
complied with the elements of administrative action it however wasn’t constitutional as
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ADL 2601 ASSIGNMENT 1 SEMESTER 1
Unique number: 534338
jklzxcvbnmqwertyuiopasdfghjklzxcvbnmq
Assignment 1 Semester 1 2021
wertyuiopasdfghjklzxcvbnmqwertyuiopa
Due: 3/15/2021
sdfghjklzxcvbnmqwertyuiopasdfghjklzxcv
bnmqwertyuiopasdfghjklzxcvbnmqwerty
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jklzxcvbnmqwertyuiopasdfghjklzxcvbnmq
wertyuiopasdfghjklzxcvbnmqwertyuiopa
, ADL 2601 ASSIGNMENT 1 SEMESTER 1 2021
Question 1 a
An administrative-law relationship exists between two parties in an unequal relationship.
One of the subjects is a person or body clothed in state authority who is able to exercise
that authority over a person or body in a subordinate position whose rights are affected
by the action. MTA is a subject of an administrative-law relationship (an individual
administrative-law relationship where rules apply personally and specifically between
the parties and the relationship is created by individual administrative decisions).
In the Absa case the court held that although the conduct of the Public protector was in
accordance with PAJA administrative law it however failed to meet the requirements of
section 33 of the constitution and also the requirements of legality. As a result the Public
protector’s actions were deemed to be unfair as she did not comply with the element of
procedural fairness. The court accepted the applicants grounds for review and PAJA is
applicable in terms of those grounds. The Public Protector contested that the rights of
the applicants were not affected but the court said it was not necessary to determine
whether their rights were affected or not.
In the Pharmaceutical Manufacturers Association of South Africa case it was held that
administrative law can be defined as an incident of the separation of powers under
which courts regulate and control exercise of public power through administrative law.
In exercising public power the branches of the state have to comply with the principle of
legality that is the powers have to be exercised in a manner that is lawful, in good faith
and also rationally. Administrative action involves what may not be done or what may be
done by the administration and in this case we are focusing on what can be done and
also what cannot be done by the Public Protector in relation to the ABSA case. Even
SARB and ABSA argued that the Public Protector’s reported was biased and although it
complied with the elements of administrative action it however wasn’t constitutional as
