ADL2601
Assignment 1
Unique No:
Due 26 August 2025
, QUESTION 2
List and describe the sources of administrative law, indicating whether they are
authoritative or persuasive. (10 marks)
The following are the main sources of administrative law in South Africa, along with their
legal significance:
1. The Constitution of the Republic of South Africa, 1996 – Authoritative
o As the highest law in the country, the Constitution is the cornerstone of
administrative law.
o Section 33 grants every person the right to administrative actions that are
fair, lawful, and reasonable, and requires Parliament to pass legislation to
give effect to this right.
2. Legislation (Acts and Regulations) – Authoritative
o Laws passed by Parliament and other legislative bodies, such as the
Promotion of Administrative Justice Act (PAJA), are legally binding.
o These laws outline how public officials must carry out administrative tasks
and ensure accountability.
3. Common Law – Persuasive, sometimes Authoritative
o Common law includes legal principles developed by courts over time, such
as the rules of natural justice.
o While it still influences administrative law, it must now align with the
Constitution and can be changed by legislation, making it persuasive
unless confirmed by statute or precedent.
4. Judicial Decisions (Case Law) – Authoritative
o Rulings from higher courts, especially the Constitutional Court and
Supreme Court of Appeal, have binding authority on future similar cases.
o These decisions clarify how the law should be applied and are essential in
shaping administrative law.
5. Subordinate Legislation – Authoritative
Assignment 1
Unique No:
Due 26 August 2025
, QUESTION 2
List and describe the sources of administrative law, indicating whether they are
authoritative or persuasive. (10 marks)
The following are the main sources of administrative law in South Africa, along with their
legal significance:
1. The Constitution of the Republic of South Africa, 1996 – Authoritative
o As the highest law in the country, the Constitution is the cornerstone of
administrative law.
o Section 33 grants every person the right to administrative actions that are
fair, lawful, and reasonable, and requires Parliament to pass legislation to
give effect to this right.
2. Legislation (Acts and Regulations) – Authoritative
o Laws passed by Parliament and other legislative bodies, such as the
Promotion of Administrative Justice Act (PAJA), are legally binding.
o These laws outline how public officials must carry out administrative tasks
and ensure accountability.
3. Common Law – Persuasive, sometimes Authoritative
o Common law includes legal principles developed by courts over time, such
as the rules of natural justice.
o While it still influences administrative law, it must now align with the
Constitution and can be changed by legislation, making it persuasive
unless confirmed by statute or precedent.
4. Judicial Decisions (Case Law) – Authoritative
o Rulings from higher courts, especially the Constitutional Court and
Supreme Court of Appeal, have binding authority on future similar cases.
o These decisions clarify how the law should be applied and are essential in
shaping administrative law.
5. Subordinate Legislation – Authoritative
