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ADL2601
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 22 August 2023
NB: This assignment must be submitted by all students who are registered for
the ADL2601 module in the second semester of 2023
ADL2601_ASSIGNMENT 01_02/2023
You have applied for a passport and are informed by the official working for the
Department of Home Affairs that your application was turned down. No reasons are
provided to you.
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)
ANSWER:
Yes, the turning down of your passport application by the official from the
Department of Home Affairs does constitute administrative action. According to the
Promotion of Administrative Justice Act (PAJA) 3 of 2000, administrative action is
defined as any decision or failure to take a decision by an organ of state when
exercising a public power or performing a public function. In this case, the
Department of Home Affairs is an organ of state, and the decision to turn down your
passport application falls within the scope of administrative action as it involves a
public power (issuing passports) exercised by a state authority.
2. Explain why it is important to establish whether administrative action is
involved:
ANSWER:
ADL2601
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 22 August 2023
NB: This assignment must be submitted by all students who are registered for
the ADL2601 module in the second semester of 2023
ADL2601_ASSIGNMENT 01_02/2023
You have applied for a passport and are informed by the official working for the
Department of Home Affairs that your application was turned down. No reasons are
provided to you.
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)
ANSWER:
Yes, the turning down of your passport application by the official from the
Department of Home Affairs does constitute administrative action. According to the
Promotion of Administrative Justice Act (PAJA) 3 of 2000, administrative action is
defined as any decision or failure to take a decision by an organ of state when
exercising a public power or performing a public function. In this case, the
Department of Home Affairs is an organ of state, and the decision to turn down your
passport application falls within the scope of administrative action as it involves a
public power (issuing passports) exercised by a state authority.
2. Explain why it is important to establish whether administrative action is
involved:
ANSWER: