ADL2601 ASSIGNMENT 1 FOR SEMESTER 2
OF 2023
UNIQUE CODE: 622623
, QUESTIONS
1. Does the turning down of your application constitute administrative action? In
your answer, you should fully discuss the concept “administrative action” with
reference to the provisions of the Promotion of Administrative Justice Act 3 of
2000 (PAJA). (14)
Section 1 of PAJA defines administrative action as any decision taken or failure to take a
decision by
a) an organ of state when
i) exercising a power 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;
or
(b) a natural or juristic person, other than an organ of state, when exercising a public power
of 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 this definition listed in Section 1 of PAJA, for instance, the
legislative functions of Parliament are excluded (s 1(b)(dd)).
The decision to turn down the application constitutes an administrative action, because the
official working at the Department of Home Affairs is an organ of state (both the official and
the Department are organs of state – as defined in Section 239 of the Constitution) and the
decision to turn down the application was made in terms of legislation. The decision
adversely affected your rights and it had a direct, external legal effect.
1
OF 2023
UNIQUE CODE: 622623
, QUESTIONS
1. Does the turning down of your application constitute administrative action? In
your answer, you should fully discuss the concept “administrative action” with
reference to the provisions of the Promotion of Administrative Justice Act 3 of
2000 (PAJA). (14)
Section 1 of PAJA defines administrative action as any decision taken or failure to take a
decision by
a) an organ of state when
i) exercising a power 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;
or
(b) a natural or juristic person, other than an organ of state, when exercising a public power
of 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 this definition listed in Section 1 of PAJA, for instance, the
legislative functions of Parliament are excluded (s 1(b)(dd)).
The decision to turn down the application constitutes an administrative action, because the
official working at the Department of Home Affairs is an organ of state (both the official and
the Department are organs of state – as defined in Section 239 of the Constitution) and the
decision to turn down the application was made in terms of legislation. The decision
adversely affected your rights and it had a direct, external legal effect.
1
