ADL2601
EXAM PACK
2025
,QUESTIONS
1. Requirements for Just Administrative Action (Section 33 of the Constitution):
Just administrative action must be:
a) Lawful
b)Reasonable
c)Procedurally fair
d)Promptly and adequately reasoned
e)Accessible (right to request reasons)
f)Subject to review by a court or tribunal
g)Consistent with the rule of law
h)Non-arbitrary or capricious
2. Authoritative Sources the Director-General Could Rely On:
• National Identification Act
• Constitution of the Republic of South Africa, 1996
• Promotion of Administrative Justice Act 3 of 2000 (PAJA)
• South African Citizenship Act
• Applicable regulations and internal policies
• Principle of legality (Pharmaceutical Manufacturers Association of SA: In re Ex
Parte President of the RSA 2000 (2) SA 674 (CC))
3. Judicial Review vs Appeal (Meaning and Nature):
, • Judicial Review: A legal process where a court examines whether a decision was
lawful, reasonable, and procedurally fair (focus on the process, not the outcome).
Governed by PAJA.
• Appeal: A re-hearing or reconsideration of the merits of a decision by a higher
authority. The appeal body may substitute its decision for that of the original
administrator.
4. Does the Decision Amount to Administrative Action?
Yes.
In President of the RSA v SARFU 2000 (1) SA 1 (CC), administrative action was defined as
a decision made by a public authority that affects rights.
In Grey’s Marine Hout Bay v Minister of Public Works 2005 (6) SA 313 (SCA), the court
explained that an action qualifies as administrative if it has direct, external legal effect.
Revoking an ID affects Mr. Moyo’s rights to services, employment, and residency,
satisfying PAJA’s definition.
5. Persuasive Sources of Law Mr. Moyo Could Rely On:
Foreign law (e.g., Canadian or UK administrative law)
Academic writings and journal articles
Decisions by international human rights bodies
Comparative jurisprudence on procedural fairness
6. Administrator Definition and Role:
• Administrator: Any organ of state or person performing a public function in terms of
legislation (PAJA).
• In this case: Director-General of the DCRC
• Role: To make decisions that affect the rights of individuals based on law and policy, ensuring
compliance with constitutional and statutory duties.
, 7. Can Mr. Moyo Immediately Go to Court?
No.He must first exhaust internal remedies unless exceptional circumstances exist (Section 7(2)
of PAJA).
8. Three Features of the Internal Remedies Rule:
Must be exhausted before judicial review
Promotes administrative accountability
Prevents overburdening courts
9. Forms of Judicial Control:
Judicial review under PAJA
Review based on legality
Appeal
Constitutional litigation
Interdicts
Declaratory orders
(Pretorius, 2022)
10. Characteristics of an Administrative Law Relationship:
Involves a public authority
Based on legislation or public power
Affects the rights or legitimate expectations of a person
Must be lawful, reasonable, and procedurally fair
11. Organ of State:
The Department of Civil Registration and Citizenship (DCRC) is an organ of state.
Defined in section 239 of the Constitution as a body exercising a public power or
performing a public function in terms of legislation.
12. Constitutional Requirements for Administrative Action:
Lawfulness
Reasonableness
Procedural fairness
Right to reasons
EXAM PACK
2025
,QUESTIONS
1. Requirements for Just Administrative Action (Section 33 of the Constitution):
Just administrative action must be:
a) Lawful
b)Reasonable
c)Procedurally fair
d)Promptly and adequately reasoned
e)Accessible (right to request reasons)
f)Subject to review by a court or tribunal
g)Consistent with the rule of law
h)Non-arbitrary or capricious
2. Authoritative Sources the Director-General Could Rely On:
• National Identification Act
• Constitution of the Republic of South Africa, 1996
• Promotion of Administrative Justice Act 3 of 2000 (PAJA)
• South African Citizenship Act
• Applicable regulations and internal policies
• Principle of legality (Pharmaceutical Manufacturers Association of SA: In re Ex
Parte President of the RSA 2000 (2) SA 674 (CC))
3. Judicial Review vs Appeal (Meaning and Nature):
, • Judicial Review: A legal process where a court examines whether a decision was
lawful, reasonable, and procedurally fair (focus on the process, not the outcome).
Governed by PAJA.
• Appeal: A re-hearing or reconsideration of the merits of a decision by a higher
authority. The appeal body may substitute its decision for that of the original
administrator.
4. Does the Decision Amount to Administrative Action?
Yes.
In President of the RSA v SARFU 2000 (1) SA 1 (CC), administrative action was defined as
a decision made by a public authority that affects rights.
In Grey’s Marine Hout Bay v Minister of Public Works 2005 (6) SA 313 (SCA), the court
explained that an action qualifies as administrative if it has direct, external legal effect.
Revoking an ID affects Mr. Moyo’s rights to services, employment, and residency,
satisfying PAJA’s definition.
5. Persuasive Sources of Law Mr. Moyo Could Rely On:
Foreign law (e.g., Canadian or UK administrative law)
Academic writings and journal articles
Decisions by international human rights bodies
Comparative jurisprudence on procedural fairness
6. Administrator Definition and Role:
• Administrator: Any organ of state or person performing a public function in terms of
legislation (PAJA).
• In this case: Director-General of the DCRC
• Role: To make decisions that affect the rights of individuals based on law and policy, ensuring
compliance with constitutional and statutory duties.
, 7. Can Mr. Moyo Immediately Go to Court?
No.He must first exhaust internal remedies unless exceptional circumstances exist (Section 7(2)
of PAJA).
8. Three Features of the Internal Remedies Rule:
Must be exhausted before judicial review
Promotes administrative accountability
Prevents overburdening courts
9. Forms of Judicial Control:
Judicial review under PAJA
Review based on legality
Appeal
Constitutional litigation
Interdicts
Declaratory orders
(Pretorius, 2022)
10. Characteristics of an Administrative Law Relationship:
Involves a public authority
Based on legislation or public power
Affects the rights or legitimate expectations of a person
Must be lawful, reasonable, and procedurally fair
11. Organ of State:
The Department of Civil Registration and Citizenship (DCRC) is an organ of state.
Defined in section 239 of the Constitution as a body exercising a public power or
performing a public function in terms of legislation.
12. Constitutional Requirements for Administrative Action:
Lawfulness
Reasonableness
Procedural fairness
Right to reasons
