ADL2601
Assignment 1 Semester 2 2025
2 2025
Unique Number:
Due date: 26 August 2025
QUESTION 1
Administrative law is a branch of public law that governs the actions of organs of state and
any natural or juristic persons who exercise public powers or perform public functions. It sets
out the procedures that must be followed when these powers or functions are exercised,
ensures that such actions remain within the boundaries of the law, and provides
mechanisms to control and review those actions. Its purpose is to regulate decision-making
and conduct in the public sphere so that it is lawful, reasonable, and procedurally fair.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Administrative law is a branch of public law that governs the actions of organs of
state and any natural or juristic persons who exercise public powers or perform
public functions. It sets out the procedures that must be followed when these powers
or functions are exercised, ensures that such actions remain within the boundaries of
the law, and provides mechanisms to control and review those actions. Its purpose is
to regulate decision-making and conduct in the public sphere so that it is lawful,
reasonable, and procedurally fair.
QUESTION 2
Sources of administrative law fall into two categories – authoritative (binding) and
persuasive (non-binding) – depending on whether they have legal force that must be
followed.
1. Authoritative (binding) sources
These are sources that have compulsory legal force and must be followed by organs
of state, functionaries, and institutions:
The Constitution of the Republic of South Africa, 1996 – Supreme law and
principal source of administrative power; section 33 and the Bill of Rights
guarantee the right to just administrative action.
Legislation – Includes original legislation (e.g., Promotion of Administrative
Justice Act 3 of 2000, Promotion of Access to Information Act 2 of 2000,
provincial statutes, municipal by-laws) and delegated legislation (e.g.,
regulations, proclamations, government notices issued under enabling Acts).
Case law / judicial precedent – Court decisions interpreting administrative
law rules and controlling public power, binding through the doctrine of stare
decisis.
Common law – Unwritten law (Roman-Dutch and English law) contributing
principles such as ultra vires and natural justice (now largely codified in
PAJA).
Assignment 1 Semester 2 2025
2 2025
Unique Number:
Due date: 26 August 2025
QUESTION 1
Administrative law is a branch of public law that governs the actions of organs of state and
any natural or juristic persons who exercise public powers or perform public functions. It sets
out the procedures that must be followed when these powers or functions are exercised,
ensures that such actions remain within the boundaries of the law, and provides
mechanisms to control and review those actions. Its purpose is to regulate decision-making
and conduct in the public sphere so that it is lawful, reasonable, and procedurally fair.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Administrative law is a branch of public law that governs the actions of organs of
state and any natural or juristic persons who exercise public powers or perform
public functions. It sets out the procedures that must be followed when these powers
or functions are exercised, ensures that such actions remain within the boundaries of
the law, and provides mechanisms to control and review those actions. Its purpose is
to regulate decision-making and conduct in the public sphere so that it is lawful,
reasonable, and procedurally fair.
QUESTION 2
Sources of administrative law fall into two categories – authoritative (binding) and
persuasive (non-binding) – depending on whether they have legal force that must be
followed.
1. Authoritative (binding) sources
These are sources that have compulsory legal force and must be followed by organs
of state, functionaries, and institutions:
The Constitution of the Republic of South Africa, 1996 – Supreme law and
principal source of administrative power; section 33 and the Bill of Rights
guarantee the right to just administrative action.
Legislation – Includes original legislation (e.g., Promotion of Administrative
Justice Act 3 of 2000, Promotion of Access to Information Act 2 of 2000,
provincial statutes, municipal by-laws) and delegated legislation (e.g.,
regulations, proclamations, government notices issued under enabling Acts).
Case law / judicial precedent – Court decisions interpreting administrative
law rules and controlling public power, binding through the doctrine of stare
decisis.
Common law – Unwritten law (Roman-Dutch and English law) contributing
principles such as ultra vires and natural justice (now largely codified in
PAJA).
