DUE 30 April 2025;100% CORRECT AND TRUSTED SOLUTIONS
Question 1
Which of the following activities do NOT qualify as administrative
action in terms of the definition found in the Promotion of
Administrative Justice Act 3 of 2000?
Options:
1. Any decision taken by an organ of state when exercising a power
in terms of the Constitution.
2. Any decision taken by an organ of state when exercising a power
in terms of a provincial constitution.
3. Any decision taken by the National Executive in terms of its
functions when exercising a power in terms of the Constitution. ✅
4. Any failure to take a decision taken by an organ of state when
exercising a power in terms of a provincial constitution.
Correct Answer: 3. Any decision taken by the National Executive in
terms of its functions when exercising a power in terms of the
Constitution.
Explanation:
According to section 1 of PAJA, administrative action excludes
executive decisions taken by the National Executive (President or
Cabinet) when acting in terms of their constitutional powers (e.g.,
foreign policy or national security). These are considered executive, not
administrative, functions and are generally not subject to administrative
law scrutiny under PAJA.