Summary
Summary
Assignment: 01
Question 1
b. Section 239 states that an organ of state means any department of state or
administration in the national, provincial or local sphere of government or any other
functionary or institution that exercises a power or performs a function in terms of the
constitution or a provincial constitution.
In terms of section 239 of the constitution the following are organs of state: The
minister.
1
ADL2601/1/2020–2024/Page 22-23
The minister is an organ of state, since he is officially acting on behalf of the department
of transport. He is exercising a public power in terms of legislation2.
c. Administrative action which materially and adversely affects the right or legitimate
expectations of any person must be procedurally fair according to section 3 (1) of PAJA.
Legitimate expectation means that the rules of fair procedures are extended to those
cases where no vested right exists, but only a legitimate expectation of a benefit that
may be granted or a benefit that will not be withdrawn before a hearing has occurred.
This expectation is based on something more concrete, such as an express promise, or
a regular practice that can reasonably be expected to continue, it does not mean that
the person is guaranteed success, but only that he should receive a hearing.
Departures from the requirements of fair procedure set out in section 3(2) according
to section 3 (4)
2
ADL2601/1/2020–2024/page 27-28