ADL2601
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2026 -
DUE 27 March 2026
, Does the distribution of building materials by the
Department of Human Settlements amount to
administrative action? With reference to relevant
legislation. Explain. Yes, the distribution of building
materials by the Department of Human Settlements generally
amounts to administrative action, depending on the nature of
the decision and the circumstances under which it is made. This
must be analysed with reference to the Constitution and relevant
legislation, particularly the Promotion of Administrative
Justice Act (PAJA).
Section 33 of the Constitution of the Republic of South Africa,
1996 guarantees everyone the right to lawful, reasonable and
procedurally fair administrative action. It further provides that
persons whose rights are adversely affected by administrative
action are entitled to written reasons. This constitutional right is
given effect through the Promotion of Administrative Justice
Act 3 of 2000 (PAJA).
In terms of section 1 of PAJA, administrative action means any
decision taken by an organ of state when exercising a public
power or performing a public function in terms of legislation,
which adversely affects the rights of any person and has a direct,
external legal effect. The Department of Human Settlements is
clearly an organ of state. When it distributes building materials
under housing programmes established in terms of the Housing
Act 107 of 1997, it exercises a public power conferred by
legislation. Therefore, decisions relating to who qualifies for
assistance, who is excluded, or how materials are allocated are
decisions taken in the exercise of statutory authority.
Furthermore, such decisions can adversely affect individuals’
constitutional rights, particularly the right of access to adequate
housing in section 26 of the Constitution. If a person is refused
building materials or removed from a beneficiary list, this
decision has a direct and external legal effect because it
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2026 -
DUE 27 March 2026
, Does the distribution of building materials by the
Department of Human Settlements amount to
administrative action? With reference to relevant
legislation. Explain. Yes, the distribution of building
materials by the Department of Human Settlements generally
amounts to administrative action, depending on the nature of
the decision and the circumstances under which it is made. This
must be analysed with reference to the Constitution and relevant
legislation, particularly the Promotion of Administrative
Justice Act (PAJA).
Section 33 of the Constitution of the Republic of South Africa,
1996 guarantees everyone the right to lawful, reasonable and
procedurally fair administrative action. It further provides that
persons whose rights are adversely affected by administrative
action are entitled to written reasons. This constitutional right is
given effect through the Promotion of Administrative Justice
Act 3 of 2000 (PAJA).
In terms of section 1 of PAJA, administrative action means any
decision taken by an organ of state when exercising a public
power or performing a public function in terms of legislation,
which adversely affects the rights of any person and has a direct,
external legal effect. The Department of Human Settlements is
clearly an organ of state. When it distributes building materials
under housing programmes established in terms of the Housing
Act 107 of 1997, it exercises a public power conferred by
legislation. Therefore, decisions relating to who qualifies for
assistance, who is excluded, or how materials are allocated are
decisions taken in the exercise of statutory authority.
Furthermore, such decisions can adversely affect individuals’
constitutional rights, particularly the right of access to adequate
housing in section 26 of the Constitution. If a person is refused
building materials or removed from a beneficiary list, this
decision has a direct and external legal effect because it
