ADL2601

UNATHI MCBOLD MABUZA
ADL2601 EXAM
64762599
QUESTION 1
1.1 In the scenario the administrative relationship is individual (or subjective)

relationship. Legal rules apply to specifically identified to David and all other users on
the road. Rules applied subjectively, content varies from David's case to other cases
related to the regulations of the road. For example the decision to immediately withdraw
his permit to transport goods. The individual decision is created by Transport
commission administrative decisions but not affected by general legislation unless
amending Act specifically states so, like in this case were he was convicted of
contravening section 25(1)(a)(i) Act.
1.2 Organ of State in terms of section239(a) because the matter was handled by the
Transport commission with regard to section 25 of the Act.
1.3 Administrative can be defined as any decision of an organ of state of an

administrative nature made in terms of the prescriptions of empowering laws and
decision of private persons when they exercise public power or perform public functions
in terms of empowering laws.
1.4 Yes Since The Act Would approve the withdrawal of David’s permit by the official
1.5 No the decision would not be procedurally fair as the David would have to be given
a chance to for judicial appeal meaning. adequate notice of the nature and purpose of
the proposed administrative action, a reasonable opportunity to make representation, a
clear statement of the administrative action; adequate notice of any right of review or
internal appeal, where applicable and adequate notice of the right to request reasons in
terms of section 5.
1.6 Administrative action is usually directly related to the exercise of a discretionary

power by the administrator. In instances where an administrator has a discretionary
power – where he or she exercises a choice between two options – we should ask
whether the exercise of this discretion was reasonable or not. It has been argued that
this reasonableness relates to the merits or substance of the decision, an area in which
the courts should not intervene. When reviewing administrative action on the basis of
unreasonableness, so the argument goes, the courts are required to act as super-
administrative organs, and to substitute their opinions for those of the administration. In
other words, to review administrative action on the ground of unreasonableness would
be as good as interference with the decisions of the administration, an action which is in
conflict with the separation of powers. On the other hand, however, the courts must
ensure that the decisions of the ad ministration are in line with the requirements of basic
fairness (we will examine the requirement of and right to procedural fairness in the next
learning unit) and rationality. This process of review is one of the mechanisms ensuring
that the right to just administrative action as provided for in section 33 of the
Constitution is realised.
1.7 An appeal may be lodged only against a final decision or final order, not against a
provisional or interlocutory order (the last-mentioned is a provisional order issued in the
course of proceedings).The provisions governing the power of the courts to examine
administrative action on appeal, the requirements for appeal, the time within which the
appeal must be noted, and so on, are laid down in the empowering statute. An appeal is
a rehearing of the matter which is restricted to the record of the proceedings. It may
examine the merit of the decision, asking whether the administrative decision was right
or wrong
QUESTION 2
• Enabling (original) legislation is passed by Parliament in the national sphere of

government. Two examples of Acts of Parliament that complement the provisions
of the Constitution and are crucial to Administrative law as well, are the
Promotion of Administrative Justice Act 3 of 2000 (PAJA) and the Promotion of
Access to Information Act 2 of 2000 (PAIA) (see s 32(2) of the Constitution).
• Delegated legislation is also called “subordinate legislation”. The distinctive

characteristic of delegated legislation is that it must be enacted in terms of
original legislation. In other words, such legislation must be authorised by the
enabling or empowering (original) legislation. Another feature of delegated
legislation is that such delegated legislation must not conflict with the provisions
of the enabling Act.
QUESTION 3
Basis of administrative legality is that the public administration must
(i) serve and promote the public interest

(ii) protect and respect fundamental (human) rights
Administrative legality requires that any administrative action should be in accordance

with all the requirements of the law. Administrative legality should therefore be regarded
as the basis of all administrative action.
QUESTION 4
Ultra vires means to act beyond one’s powers. ultra vires requires that administrative
action must comply with all the requirements set by the law; not only those prescribed
by the enabling legislation.
QUESTION 5
The most important way in which these rights can be enforced is by judicial review. This
means that any person who is unhappy with an administrative decision can challenge
the decision in court. There, they can argue that the decision is a violation of the rights
to just administrative action. One grounds for legality of administrative action is excess
or failure to exercise the jurisdiction.
QUESTION 6
The action of organs of state as defined in section 239 of the Constitution will qualify as
administrative action when they exercise power in terms of the Constitution or a
provincial constitution, or when they exercise public powers or perform public functions
in terms of legislation.
QUESTION 7
True

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UNATHI MCBOLD MABUZA

1.1 In the scenario the administrative relationship is individual (or subjective)

1.3 Administrative can be defined as any decision of an organ of state of an

1.6 Administrative action is usually directly related to the exercise of a discretionary

• Enabling (original) legislation is passed by Parliament in the national sphere of

• Delegated legislation is also called “subordinate legislation”. The distinctive

Basis of administrative legality is that the public administration must

(i) serve and promote the public interest

Administrative legality requires that any administrative action should be in accordance

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