ADL2601
Assignment 1 Semester 2 2025
Unique #:
Due Date: 26 September 2025
Detailed solutions, explanations, workings
and references.
+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).
Administrative practice / custom or usage – Recognised only if
reasonable, longstanding, accepted, clear, and not inconsistent with the
Constitution or legislation.
Ubuntu – Recognised as part of South Africa’s legal value system influencing
interpretation and application of administrative principles.
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique #:
Due Date: 26 September 2025
Detailed solutions, explanations, workings
and references.
+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).
Administrative practice / custom or usage – Recognised only if
reasonable, longstanding, accepted, clear, and not inconsistent with the
Constitution or legislation.
Ubuntu – Recognised as part of South Africa’s legal value system influencing
interpretation and application of administrative principles.
Varsity Cube 2025 +27 81 278 3372
