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ADL2601-admin law notes A+
Administrative Law (University of South Africa)
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Study Unit 1 What is administrative law?
Administrative law is the sum total of legal rules that grant people, or bodies in authority, the power
to take action; prescribe the procedures to be followed when taking such action; and ensure that such
action is within the boundaries of the law. It also provides for control over such action.
State authority is the power exercised by an organ of state or natural or juristic person over another
person or body in a subordinate or subservient position. The exercise of such state authority could
affect the rights or interests of the last-mentioned.
Administrative action is the conduct of functionaries and institutions (administrators) when
exercising a public power or performing a public function in terms of any legislation. This conduct
takes a variety of forms, but usually it is in the form of a “decision”' of the administrator.
Study Unit 2 – The Admin Law relationship
Define an administrative-law relationship, including the concepts of general and individual
administrative-law relationships.
An administrative relationship exists between two or more people where at least 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. It is an unequal relationship.
In a general administrative-law relationship the legal rules governing the relationship between the
parties apply to all the subjects in a particular group. It is created by, changed and terminated by
legislation.
An individual administrative-law relationship the rules apply personally and specifically between the
parties. The relationship is created by individual administrative decisions and not affected by new
legislative provisions.
Study Unit 3 – The legal subjects of the admin law relationship
Definition of an organ of state
Section 239 of the Constitution: „organ of state‟ means –
a) Any department of state or administration in the national, provincial or local sphere of
government; or
b) Any other functionary or institution
i) Exercising a power or performing a function in terms of the Constitution or a
provincial constitution; or
ii) Exercising a public power or performing a public function in terms of any legislation,
but does not include a court or a judicial officer.
Organ of state in terms of s 239(a) refers to the functionaries and institutions forming part of
the public administration.
1. In the national sphere this refers to:
a. Departments of state or government departments, i.e. Department of Agriculture
b. May refer to an entire department and/or to its functionaries
c. Ministers & Deputy Ministers
d. President & Deputy President
2. In the provincial sphere this refers to:
1
Downloaded by stephanie anunwa ()
ADL2601-admin law notes A+
Administrative Law (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by stephanie anunwa ()
, lOMoARcPSD|13104670
Study Unit 1 What is administrative law?
Administrative law is the sum total of legal rules that grant people, or bodies in authority, the power
to take action; prescribe the procedures to be followed when taking such action; and ensure that such
action is within the boundaries of the law. It also provides for control over such action.
State authority is the power exercised by an organ of state or natural or juristic person over another
person or body in a subordinate or subservient position. The exercise of such state authority could
affect the rights or interests of the last-mentioned.
Administrative action is the conduct of functionaries and institutions (administrators) when
exercising a public power or performing a public function in terms of any legislation. This conduct
takes a variety of forms, but usually it is in the form of a “decision”' of the administrator.
Study Unit 2 – The Admin Law relationship
Define an administrative-law relationship, including the concepts of general and individual
administrative-law relationships.
An administrative relationship exists between two or more people where at least 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. It is an unequal relationship.
In a general administrative-law relationship the legal rules governing the relationship between the
parties apply to all the subjects in a particular group. It is created by, changed and terminated by
legislation.
An individual administrative-law relationship the rules apply personally and specifically between the
parties. The relationship is created by individual administrative decisions and not affected by new
legislative provisions.
Study Unit 3 – The legal subjects of the admin law relationship
Definition of an organ of state
Section 239 of the Constitution: „organ of state‟ means –
a) Any department of state or administration in the national, provincial or local sphere of
government; or
b) Any other functionary or institution
i) Exercising a power or performing a function in terms of the Constitution or a
provincial constitution; or
ii) Exercising a public power or performing a public function in terms of any legislation,
but does not include a court or a judicial officer.
Organ of state in terms of s 239(a) refers to the functionaries and institutions forming part of
the public administration.
1. In the national sphere this refers to:
a. Departments of state or government departments, i.e. Department of Agriculture
b. May refer to an entire department and/or to its functionaries
c. Ministers & Deputy Ministers
d. President & Deputy President
2. In the provincial sphere this refers to:
1
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