ADL2601 ASSIGNMENT 1 COMPLETE ANSWERS STUDY GUIDE
2025/2026 ACCURATE SOLUTIONS AND CORRECT ANSWERS WITH
RATIONALES || 100% GUARANTEED PASS <UPDATED VERSION>
Section A: Foundational Concepts & Sources of Administrative Law
1. What is the primary purpose of Administrative Law?
Answer: To control and regulate the exercise of public power by the executive
branch of the state (government and its administration) to ensure it is lawful,
reasonable, and procedurally fair.
2. Which section of the Constitution is considered the cornerstone of South
African Administrative Law?
Answer: Section 33, which enshrines the right to just administrative action.
3. What is the relationship between the Constitution and the Promotion of
Administrative Justice Act (PAJA)?
Answer: PAJA is the national legislation enacted to give effect to the right to just
administrative action in section 33 of the Constitution. It provides the detailed
framework for its implementation.
4. Define "Administrative Action" as per PAJA.
Answer: It is a decision of an administrative nature made by an organ of state or a
,natural or juristic person, exercising a public power or performing a public
function, which adversely affects the rights of any person and which has a direct,
external legal effect.
5. Name the three foundational principles of lawful administrative action.
Answer: Lawfulness, Reasonableness, and Procedural Fairness.
6. What is the principle of legality?
Answer: A foundational constitutional principle that requires all exercises of
public power to be authorized by law. It applies even where PAJA does not,
ensuring no public authority acts beyond its legal powers.
7. What are the two main sources of South African Administrative Law?
Answer: The Constitution (and the Bill of Rights) and National Legislation
(primarily PAJA).
8. How does the common law influence South African Administrative Law?
Answer: Common law principles, such as those relating to fairness and legitimate
expectation, supplement and inform the interpretation of constitutional and
statutory provisions, unless they are inconsistent with the Constitution.
9. What is the difference between administrative action and executive action?
Answer: Executive action (e.g., policy-making, introducing a bill) is of a higher
, level and generally not reviewable under PAJA, whereas administrative action
involves the implementation of laws and policies and is directly reviewable.
10. What is the significance of the case Fedsure Life Assurance Ltd v Greater
Johannesburg Transitional Metropolitan Council?
Answer: It confirmed that the principle of legality is foundational to our
constitutional order, meaning all public power must be exercised within the
confines of the law authorizing it.
Section B: The Right to Just Administrative Action & PAJA
11. What are the three substantive rights guaranteed by section 33 of the
Constitution?
Answer: The right to lawful, reasonable, and procedurally fair administrative
action.
12. When does PAJA apply to a decision?
Answer: When the decision qualifies as "administrative action" as defined in
section 1 of PAJA.
13. List the five key elements that must be present for a decision to constitute
"administrative action" under PAJA.
Answer: (1) A decision; (2) of an administrative nature; (3) by a functionary/organ
2025/2026 ACCURATE SOLUTIONS AND CORRECT ANSWERS WITH
RATIONALES || 100% GUARANTEED PASS <UPDATED VERSION>
Section A: Foundational Concepts & Sources of Administrative Law
1. What is the primary purpose of Administrative Law?
Answer: To control and regulate the exercise of public power by the executive
branch of the state (government and its administration) to ensure it is lawful,
reasonable, and procedurally fair.
2. Which section of the Constitution is considered the cornerstone of South
African Administrative Law?
Answer: Section 33, which enshrines the right to just administrative action.
3. What is the relationship between the Constitution and the Promotion of
Administrative Justice Act (PAJA)?
Answer: PAJA is the national legislation enacted to give effect to the right to just
administrative action in section 33 of the Constitution. It provides the detailed
framework for its implementation.
4. Define "Administrative Action" as per PAJA.
Answer: It is a decision of an administrative nature made by an organ of state or a
,natural or juristic person, exercising a public power or performing a public
function, which adversely affects the rights of any person and which has a direct,
external legal effect.
5. Name the three foundational principles of lawful administrative action.
Answer: Lawfulness, Reasonableness, and Procedural Fairness.
6. What is the principle of legality?
Answer: A foundational constitutional principle that requires all exercises of
public power to be authorized by law. It applies even where PAJA does not,
ensuring no public authority acts beyond its legal powers.
7. What are the two main sources of South African Administrative Law?
Answer: The Constitution (and the Bill of Rights) and National Legislation
(primarily PAJA).
8. How does the common law influence South African Administrative Law?
Answer: Common law principles, such as those relating to fairness and legitimate
expectation, supplement and inform the interpretation of constitutional and
statutory provisions, unless they are inconsistent with the Constitution.
9. What is the difference between administrative action and executive action?
Answer: Executive action (e.g., policy-making, introducing a bill) is of a higher
, level and generally not reviewable under PAJA, whereas administrative action
involves the implementation of laws and policies and is directly reviewable.
10. What is the significance of the case Fedsure Life Assurance Ltd v Greater
Johannesburg Transitional Metropolitan Council?
Answer: It confirmed that the principle of legality is foundational to our
constitutional order, meaning all public power must be exercised within the
confines of the law authorizing it.
Section B: The Right to Just Administrative Action & PAJA
11. What are the three substantive rights guaranteed by section 33 of the
Constitution?
Answer: The right to lawful, reasonable, and procedurally fair administrative
action.
12. When does PAJA apply to a decision?
Answer: When the decision qualifies as "administrative action" as defined in
section 1 of PAJA.
13. List the five key elements that must be present for a decision to constitute
"administrative action" under PAJA.
Answer: (1) A decision; (2) of an administrative nature; (3) by a functionary/organ
