, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Define administrative law in relation to public law.
Administrative law is a specialized area within public law that focuses on the regulation of state
organs and individuals when they exercise public powers or perform public functions1. It governs the
procedures followed during these actions, ensures they stay within legal boundaries, and provides
mechanisms for oversight and control. Public law, in general, defines the relationship between the
state and individuals, with the state exercising authority in a vertical relationship, where one party
holds power over the other1.
2. Identify all sources of administrative law and indicate whether theyare authoritative or
persuasive in nature.
Binding or Authoritative Sources
1.The Constitution of the Republic of South Africa, 1996 - The Constitution is the supreme law of
the country and serves as the primary source of administrative law, setting the standard for the
exercise of power by state organs. Any administrative action inconsistent with the Constitution is
invalid2. Section 33 specifically guarantees the right to just administrative action, which must be
lawful, reasonable, and procedurally fair2.
2.Legislation - Legislation is the main source of administrative power, as all laws must comply with
the Constitution. It provides more detailed rules and guidelines for administrative action.
Enabling (Original) Legislation: This includes acts passed by Parliament, provincial
legislatures, and municipal councils, such as the Promotion of Administrative Justice Act
(PAJA) and the Promotion of Access to Information Act (PAIA)3.
Delegated (Subordinate) Legislation: Regulations and proclamations made by authorized
bodies under the framework of enabling legislation. These must not conflict with the original
act4.
3.Case Law or Judicial Precedent - Court decisions, especially those interpreting statutes like
PAJA, are binding on lower courts and play a critical role in shaping administrative law. This
ensures consistent application and development of the law3.
4.Common Law - Common law, rooted in English and Roman-Dutch traditions, influences
administrative law through unwritten principles, such as ultra vires (acting beyond one's legal power)
and rules of natural justice. Many common-law rules have been codified into legislation4.
5.Administrative Practice (Custom or Usage) - This refers to practices that have developed over
time within administrative bodies and are viewed as binding within specific contexts. These practices
must be reasonable, longstanding, and widely observed5.
6.Ubuntu - The concept of Ubuntu—emphasizing human dignity and social harmony—has
influenced South African law. Its values, such as respect for human dignity and accountability, are
implicitly incorporated in the broader constitutional framework6.
1. Define administrative law in relation to public law.
Administrative law is a specialized area within public law that focuses on the regulation of state
organs and individuals when they exercise public powers or perform public functions1. It governs the
procedures followed during these actions, ensures they stay within legal boundaries, and provides
mechanisms for oversight and control. Public law, in general, defines the relationship between the
state and individuals, with the state exercising authority in a vertical relationship, where one party
holds power over the other1.
2. Identify all sources of administrative law and indicate whether theyare authoritative or
persuasive in nature.
Binding or Authoritative Sources
1.The Constitution of the Republic of South Africa, 1996 - The Constitution is the supreme law of
the country and serves as the primary source of administrative law, setting the standard for the
exercise of power by state organs. Any administrative action inconsistent with the Constitution is
invalid2. Section 33 specifically guarantees the right to just administrative action, which must be
lawful, reasonable, and procedurally fair2.
2.Legislation - Legislation is the main source of administrative power, as all laws must comply with
the Constitution. It provides more detailed rules and guidelines for administrative action.
Enabling (Original) Legislation: This includes acts passed by Parliament, provincial
legislatures, and municipal councils, such as the Promotion of Administrative Justice Act
(PAJA) and the Promotion of Access to Information Act (PAIA)3.
Delegated (Subordinate) Legislation: Regulations and proclamations made by authorized
bodies under the framework of enabling legislation. These must not conflict with the original
act4.
3.Case Law or Judicial Precedent - Court decisions, especially those interpreting statutes like
PAJA, are binding on lower courts and play a critical role in shaping administrative law. This
ensures consistent application and development of the law3.
4.Common Law - Common law, rooted in English and Roman-Dutch traditions, influences
administrative law through unwritten principles, such as ultra vires (acting beyond one's legal power)
and rules of natural justice. Many common-law rules have been codified into legislation4.
5.Administrative Practice (Custom or Usage) - This refers to practices that have developed over
time within administrative bodies and are viewed as binding within specific contexts. These practices
must be reasonable, longstanding, and widely observed5.
6.Ubuntu - The concept of Ubuntu—emphasizing human dignity and social harmony—has
influenced South African law. Its values, such as respect for human dignity and accountability, are
implicitly incorporated in the broader constitutional framework6.
