, ADL2601 Assignment 1 Semester 1 2026 - DUE 27 March 2026
QUESTION 1
Describe the nature of the administrative law relationship that exists between
Top Comms and its staff members.
1. Introduction
Administrative law governs the relationship between public authorities and
individuals when public power is exercised. In South Africa, this area of law
ensures that public bodies act lawfully, reasonably and procedurally fairly when
making decisions that affect rights. Top Comms, as a parastatal under the
Department of Communications and Digital Communications, forms part of the
public administration and is therefore subject to the principles of administrative
law.
The relationship between Top Comms and its staff members is not purely
contractual in nature. Although an employment contract exists, the employer is a
public body exercising public power, and its decisions—especially those relating
to restructuring, retrenchments and dismissals—have administrative law
implications. This section discusses the nature of that relationship and explains
why the actions of Top Comms towards its employees constitute administrative
action subject to constitutional and statutory control.
2. Top Comms as a Public Authority
A parastatal is a state-owned or state-controlled entity established to perform a
public function. As such, Top Comms qualifies as an organ of state as envisaged in
section 239 of the Constitution of the Republic of South Africa, 1996. Organs of
state are required to act in accordance with the Constitution, legislation and the
principles of public administration.
QUESTION 1
Describe the nature of the administrative law relationship that exists between
Top Comms and its staff members.
1. Introduction
Administrative law governs the relationship between public authorities and
individuals when public power is exercised. In South Africa, this area of law
ensures that public bodies act lawfully, reasonably and procedurally fairly when
making decisions that affect rights. Top Comms, as a parastatal under the
Department of Communications and Digital Communications, forms part of the
public administration and is therefore subject to the principles of administrative
law.
The relationship between Top Comms and its staff members is not purely
contractual in nature. Although an employment contract exists, the employer is a
public body exercising public power, and its decisions—especially those relating
to restructuring, retrenchments and dismissals—have administrative law
implications. This section discusses the nature of that relationship and explains
why the actions of Top Comms towards its employees constitute administrative
action subject to constitutional and statutory control.
2. Top Comms as a Public Authority
A parastatal is a state-owned or state-controlled entity established to perform a
public function. As such, Top Comms qualifies as an organ of state as envisaged in
section 239 of the Constitution of the Republic of South Africa, 1996. Organs of
state are required to act in accordance with the Constitution, legislation and the
principles of public administration.
