ADL2601 EXAM PACK

ADL2601
EXAM PACK

, ADL2601 / Semester


Assignment 01


University of South Africa (UNISA)
Module: ADL2601 – Administrative Law
Semester: Second Semester 2025
Assignment Number: 01
Due Date: 26 August 2025

Student Name: ___________________________
Student Number: _________________________
Lecturer: _______________________________
Title: Administrative Law – Compulsory Assignment 01


Declaration

I, _______________________, student number _____________________, declare
that:
This assignment is my own original work.

,Question 1

Define administrative law in relation to public law. (2 marks)

Administrative law is a specialised branch of public law that regulates the exercise of
public power and the performance of public functions by administrative bodies,
government departments, statutory authorities, and officials. While public law broadly
governs the relationship between the state and its citizens—including constitutional law,
criminal law, and administrative law—administrative law specifically focuses on the
control of administrative action.

Its primary purpose is to ensure that public authorities act within the limits of their
legal powers, follow fair procedures, and make decisions that are lawful,
reasonable, and justifiable. It provides citizens with remedies (such as judicial review,
interdicts, and appeals) when administrative bodies exceed or abuse their authority,
thereby upholding the rule of law, accountability, and the protection of individual
rights.

Question 2

Identify all sources of administrative law and indicate whether they are
authoritative or persuasive in nature. (10 marks)

The sources of administrative law can be divided into authoritative (binding) and
persuasive (non-binding but influential) sources:

1. The Constitution of the Republic of South Africa, 1996 (Authoritative)
o The supreme source of administrative law.
o Sections such as s. 33 (Right to Just Administrative Action) and the
Bill of Rights form the cornerstone of administrative justice.
o All administrative action must comply with constitutional principles.
2. Legislation / Statutes (Authoritative)

, o Acts of Parliament and provincial legislatures that regulate administrative
processes.
o Key legislation: Promotion of Administrative Justice Act (PAJA) 3 of
2000, which gives effect to s. 33 of the Constitution.
o Other statutes also empower administrative bodies (e.g., Municipal
Systems Act, Labour Relations Act).
2. Case Law / Judicial Precedent (Authoritative within the hierarchy of courts)
o Court decisions interpret constitutional and statutory provisions, shaping
the principles of legality, reasonableness, and fairness.
o Binding precedent applies according to the doctrine of stare decisis (e.g.,
President of the Republic of South Africa v South African Rugby Football
Union 2000 (1) SA 1 (CC)).
3. Common Law (Authoritative, though subject to the Constitution)
o Provides foundational principles such as ultra vires (acting beyond
powers), natural justice, and reasonableness.
o Remains relevant but must align with constitutional supremacy.
4. Subordinate Legislation (Authoritative)
o Regulations, by-laws, directives, and policies made under the authority of
enabling statutes.
o They are binding provided they are consistent with the empowering
legislation and the Constitution.
5. Academic Writings / Scholarly Literature (Persuasive)
o Opinions of legal scholars (textbooks, journal articles, commentaries) help
clarify and critique administrative principles.
o Persuasive but not legally binding.
6. Foreign Law and International Law (Persuasive)
o Comparative administrative law from other jurisdictions may guide South
African courts, especially in interpreting constitutional rights.
o International treaties and conventions (e.g., human rights instruments) can
also be persuasive, though binding only if domesticated into South African
law.