10/20/2023 ADL2601: EXAM

NAME AND SURNAME : FUNDISWA LUSANDA MHLUNGU

STUDENT NUMBER 66826802

COURSE CODE AND NAME : ADL2601

DATE : 20 OCTOBER 2023

DURATION : 3 HOURS

MY LIFE EMAIL ADDRESS : [email protected]

QUESTION 1

1.1 YES
The individual or subjective relationship.
 The legal rules apply personally and specifically between parties specifically identifiable
legal subjects.
 Individual relationships are created by individual admin decisions and are not affected
by new or amended legislation, unless specified
1.2 Section 1 of PAJA,
Administration means any decision taken, or any failure to take a decision, by an organ of
state when exercising a power in terms of the constitution or a provincials constitution or
exercising a public power or performing a public function in terms of any legislation or a
natural or juristic person, other than an organ of state, when exercising a public power or
performing a public function in terms of an empowering provision, which adversely affects
the right of any person and which has a direct, external legal effect

1.3 NO

The legal force of admin action is ended by repeal, amendment, lapse of time, withdrawal of one
the subjects by court order.
When the administrator or organ of state cannot amend, repeal, revoke or vary its decision, it is said
to be functus officio. In other words the matter has been finally dealt with and the administrator or
organ of state is no longer able to change her or its mind and revoke withdraw or visit the decision.
In a nutshell the organ of state has “discharge her or its official function” and she can not re-
examine or change the decision afterwards.

Functus officio: having completed the task/duty or no longer functioning

 Legislative admin acts
These acts may be repealed /revoke or at any time but must not have a retrospect effe
QUESTION 2

2.1

 The constitution of the Republic of South Africa, 1996

 Case law or judicial precedent
 Common law
 Legislation
 Ubuntu
 International law
 Administrative practice(custom or usage)

2.2

1. The authorization of the decision (relating to the decision-maker or administrator)

2. The manner in which the decision was taken (relating to noncompliance with form requirements)

3. The administrative actions itself (impact on the affected person)

2.3

 Legislative administration act are the most easily recognized action of the administration.
They have a specific form and are published in an official documents, such as the Government
Gazette.

General relationships are created, varied or ended by administrative legislative act. The
administrative institution ca not therefore regulate this general relationship by way of a
decision.
Specific rules apply to the adoption, repeal or amendment of all legislative administrative acts.

The power to delegate a legislative power exists only when there is express statutory authority
for this.
2.4

Section 5 require the provision of written reasons at the request of any person whose rights
have been materially and adversely affected by any admin actin and how has been given
reasons.

2.5

ANY PERSON MAY INSTITUTE PROCEEDING IN A COURT OR TRIBUNSL FOR REVIEW OF AN

ADMINISTRATIVE ACTION.

“ANY PERSON” means a person whose right have been directly affected by administrative decision.

1. The court of 1996 says that everyone has the right to administrative actions that reasonable.

2. PAJA gives effect to the right of reasonable admin actions is still in question to institute proceedings.
Question 3

3.1

 Decision
 An administrative nature
 An empowering provision
 Organ of state or natural
 Adversely affect the of any person
 External legal affect

3.2

The PAJA seeks t o protect the public from unlawful, unreasonable and procedurally unfair
administrative decisions. It is a law that gives people affected by administrative decision the right to be
informed that a decision to be informed that a decision is to taken place.

3.3

 Legislative administration act are the most easily recognized action of the administration.
They have a specific form and are published in an official documents, such as the Government
Gazette.

General relationships are created, varied or ended by administrative legislative act. The
administrative institution ca not therefore regulate this general relationship by way of a
decision.
Specific rules apply to the adoption, repeal or amendment of all legislative administrative acts.

The power to delegate a legislative power exists only when there is express statutory authority
for this.
 Question 4

4.3

 Public Protector
 South African Human Right Commission
 Commission for gender quality
 IEC
 Auditor GENERAL

4.2
 The senior functionary or institution has the power to reconsider or re-examine to
review the decision and then to confirm it sets it aside or vary the decision.
 The senior functionary or institution May consider the validity the ability or efficacy of
the administrative action in question. The controlling body may also take policy into
consideration.
 Formal control is also exercised by examining the manner in which the decision was
reached.
 Internal control in the form of an internal appeal does not give rise to a final and
binding decision as a result the same matter may be raised again within the same
department hierarchy.
4.4

Forms of internal control:

Control by superior/senior administrators or specially constitutes bodies in institution

 Has the power to reconsider review the decision and then confirm set aside the decision
 May consider the validity desirability efficiency of the admin action and take policy into consider
 formal control is exercised by examination the minor in which the decision was reached primary

Parliamentary control

 General administrative policy and matters of Public Concern may be questioned by Parliament all
cabinet members( ministers) are accountable for the way in which they are department are run

 parliamentary control takes place by may of tabling of reports by ministers and parliamentary
enquiries control by public bodies and comedians such as the public protector and the auditor-
general the bodies are independently and subject only to the constitution and the law they are in
impartial.
Control by public bodies and commissions such as the public protector and the auditor-general.

 The bodies are independent and subject only to the constitution and the law
 they are impartial

Judicial control
 The power of judicial review allows the validity of legislation and administrative actions will be challenged in a court.
 The judiciary act as a Watchdog over the legislature and the executive and must ensure that all states actions comply with the
constitution.
 It is the most important aspect of administrative law.
 In order to succeed in a claim for judicial review the common law the applicants will have to prove the alligator alley illegality
irregularity or invalidity of the administrative action in question.

4.1