FEBRUARY 2, 2021
Name: Neelam Dawakee
Student no: 54162548
Date: 02 February 2021
Subject: ADL2601
ADL2601
ADMINISTRATIVE LAW
DAWAKEE, NEELAM N
UNISA
, QUESTION ONE
a) The organ of state in the set of facts is the Department of Minerals and
Energy which falls under the definition of organ of state in section 239. The
Department of Minerals and Energy is an organ of state which is important
because it is one of the primary bodies whose decisions may amount to
administrative action in terms of section 1 of the PAJA, The department is a
government institution which exercises its power in terms of the Constitution.
The shareholder for Botshelo (Pty) Ltd. Is an organ of state because he / she
constitutes as a functionary in terms of section 239 (b)
Section 239 of the constitution defines an organ of state as:
1. Any department of state or administration in the national, provincial, or
local sphere of government.
2. Any functionary / institution exercising a power or performing a function in
terms of the constitution or provincial constitution.
3. Exercising a public power or performing a public function in terms of any
legislation but does not include a court / judicial official.
b) Section 1 of PAJA defines “administrative action” as any decision taken, or
any failure to take a decision by a, organ of state when:
1. exercising a power in terms of the Constitution or a Provincial Constitution
or;
2. exercising a public power or performing a public function in terms of any
legislation.
The definition further elaborates that;
A natural or juristic person, other than an organ of state, when exercising a
public power or performing a public function in terms of an empowering
provision, which adversely affects the rights of any person and which has a
direct, external legal effect. There are exceptions to the definition.
Name: Neelam Dawakee
Student no: 54162548
Date: 02 February 2021
Subject: ADL2601
ADL2601
ADMINISTRATIVE LAW
DAWAKEE, NEELAM N
UNISA
, QUESTION ONE
a) The organ of state in the set of facts is the Department of Minerals and
Energy which falls under the definition of organ of state in section 239. The
Department of Minerals and Energy is an organ of state which is important
because it is one of the primary bodies whose decisions may amount to
administrative action in terms of section 1 of the PAJA, The department is a
government institution which exercises its power in terms of the Constitution.
The shareholder for Botshelo (Pty) Ltd. Is an organ of state because he / she
constitutes as a functionary in terms of section 239 (b)
Section 239 of the constitution defines an organ of state as:
1. Any department of state or administration in the national, provincial, or
local sphere of government.
2. Any functionary / institution exercising a power or performing a function in
terms of the constitution or provincial constitution.
3. Exercising a public power or performing a public function in terms of any
legislation but does not include a court / judicial official.
b) Section 1 of PAJA defines “administrative action” as any decision taken, or
any failure to take a decision by a, organ of state when:
1. exercising a power in terms of the Constitution or a Provincial Constitution
or;
2. exercising a public power or performing a public function in terms of any
legislation.
The definition further elaborates that;
A natural or juristic person, other than an organ of state, when exercising a
public power or performing a public function in terms of an empowering
provision, which adversely affects the rights of any person and which has a
direct, external legal effect. There are exceptions to the definition.
