Kayleigh May
Student number: 68021321
ADL2601 – Assignment 1
Date: 07/06/2021
, Question 1
a) An administrative-law relationship is defined as a relationship where one of the
legal subjects is a person of body who exercises power. This position of power
must be held by a person of body equipped with state authority, and who is able
to exercise this authority. This person (an organ of state, natural or juristic person)
must possess the power to prescribe and allow other individuals or juristic persons
to act a certain way – the authoritative figure uses his/her authority to compel a
certain behaviour from the other party. Such exercise of power may also affect the
rights and interests of the person in the relationship, resulting in the person being
in a subservient or subordinate position. In this scenario, MTA is a subject of an
individual administrative-law relationship, as the Minister of Transport is in a
position of authority and able to make decisions and exercise power over the MTA.
b) An organ of state, according to Section 239 of the Constitution1, is as follows:
a) Any department of state or administration in the national, provincial or local
sphere of government, or;
b) Any other functionary or institution
a. Exercising a power or performing a function in terms of the Constitution
of a provincial constitution; or
b. Exercising a public power or performing a public function in terms of any
legislation, but does not include a court or judicial officer.
With this definition of an organ of state in mind, the organ of state in this scenario
is the Minister of Transport, as all members of cabinet are included in organs of
state. In short, section 239(a) refers to “organs of state” as being the administrators
and departments of state that constitute the public administration.
1
Constitution of the Republic of South Africa, 1996
Student number: 68021321
ADL2601 – Assignment 1
Date: 07/06/2021
, Question 1
a) An administrative-law relationship is defined as a relationship where one of the
legal subjects is a person of body who exercises power. This position of power
must be held by a person of body equipped with state authority, and who is able
to exercise this authority. This person (an organ of state, natural or juristic person)
must possess the power to prescribe and allow other individuals or juristic persons
to act a certain way – the authoritative figure uses his/her authority to compel a
certain behaviour from the other party. Such exercise of power may also affect the
rights and interests of the person in the relationship, resulting in the person being
in a subservient or subordinate position. In this scenario, MTA is a subject of an
individual administrative-law relationship, as the Minister of Transport is in a
position of authority and able to make decisions and exercise power over the MTA.
b) An organ of state, according to Section 239 of the Constitution1, is as follows:
a) Any department of state or administration in the national, provincial or local
sphere of government, or;
b) Any other functionary or institution
a. Exercising a power or performing a function in terms of the Constitution
of a provincial constitution; or
b. Exercising a public power or performing a public function in terms of any
legislation, but does not include a court or judicial officer.
With this definition of an organ of state in mind, the organ of state in this scenario
is the Minister of Transport, as all members of cabinet are included in organs of
state. In short, section 239(a) refers to “organs of state” as being the administrators
and departments of state that constitute the public administration.
1
Constitution of the Republic of South Africa, 1996
