(COMPLETE ANSWERS)
Semester 2 2026 - DUE 25
August 2026
FOR ASSISTANCE CONTACT
EMAIL:
, Legal Framework: Section 1 of PAJA
To determine whether the conduct of the Provincial Department of Transport (in Mr X's case) or the
Department of Human Settlements (in the distribution of building materials) constitutes administrative
action, the conduct must satisfy the statutory definition provided in Section 1 of the Promotion of
Administrative Justice Act 3 of 2000 (PAJA). [1]
As established by the Constitutional Court in cases like Minister of Defence and Military Veterans v
Motau, Section 1 of PAJA breaks down into seven cumulative requirements. If any single element is
missing, the conduct does not qualify as administrative action under PAJA. [1, 2]
Chronological Checklist & Comparative Analysis of the 7 Requirements
The table below outlines the meaning and legal significance of each requirement alongside a direct
application to both scenarios:
Statutory Requirement & Application: Mr X’s Permit Application: Distribution of
#
Legal Significance Revocation Building Materials
A Decision
A decision, or a failure to take Yes. The Department issued a Yes. The allocation and physical
1 a decision, that involves a formal letter executing the choice handling involve decisions to
choice or exercise of a to revoke Mr X's existing permit. distribute or withhold materials.
function.
By an Organ of State (or
natural/juristic person) Yes. The Provincial Department of Yes. The Department of Human
Must be executed by a Transport is a provincial Settlements is a
2
government department or government department and an national/provincial state
an institution exercising a organ of state. department and an organ of state.
public power.
Exercising Public Power /
Yes. Regulating road safety and
Performing Public Function Yes. Fulfilling socioeconomic rights
issuing/revoking abnormal load
3 The power exercised must (like housing or disaster relief) is a
transport permits is an inherent
stem from state authority and core public function.
exercise of public power.
serve a public interest.