ADL2601
Assignment 1 Semester 1 2026
Unique number:
Due Date: 27 March 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
Administrative action in section 1 of the Promotion of Administrative Justice Act 3 of
2000 means a decision, or a failure to take a decision, by an organ of state or by a
private person exercising a public power or performing a public function in terms of
an empowering provision, which adversely affects rights and has a direct external
legal effect, and which is not excluded by the listed categories such as executive,
legislative, and judicial functions.1 The definition must be read with section 33 of the
Constitution, which guarantees lawful, reasonable, and procedurally fair
2
administrative action and a right to reasons.
Building blocks of administrative action
1. Decision including a proposed decision and failure to decide
The distribution of building materials usually involves choosing who qualifies, how
much is issued, when it is issued, and on what conditions. That is a decision of an
administrative nature, and the definition of decision in PAJA is deliberately wide
enough to cover approvals, refusals, conditions, demands, and similar acts.3 If
officials delay or refuse to make an allocation decision, that omission can still count
because a failure includes a refusal or an unreasonable non decision.4 In Melani v
City of Johannesburg the court accepted that a municipality’s failure to take a
decision linked to implementing the upgrading programme was reviewable because
it affected residents’ housing interests and legitimate expectations.5 The same
reasoning can apply where the Department fails to decide whether to allocate
materials under a housing programme.
1
Promotion of Administrative Justice Act 3 of 2000 section 1
2
Constitution of the Republic of South Africa 1996 section 33.
3
Promotion of Administrative Justice Act 3 of 2000 section 1
4
Ibid.
5
Melani and Others v City of Johannesburg and Others 2016 5 SA 67 GJ
Varsity Cube 2026 +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: 27 March 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
Administrative action in section 1 of the Promotion of Administrative Justice Act 3 of
2000 means a decision, or a failure to take a decision, by an organ of state or by a
private person exercising a public power or performing a public function in terms of
an empowering provision, which adversely affects rights and has a direct external
legal effect, and which is not excluded by the listed categories such as executive,
legislative, and judicial functions.1 The definition must be read with section 33 of the
Constitution, which guarantees lawful, reasonable, and procedurally fair
2
administrative action and a right to reasons.
Building blocks of administrative action
1. Decision including a proposed decision and failure to decide
The distribution of building materials usually involves choosing who qualifies, how
much is issued, when it is issued, and on what conditions. That is a decision of an
administrative nature, and the definition of decision in PAJA is deliberately wide
enough to cover approvals, refusals, conditions, demands, and similar acts.3 If
officials delay or refuse to make an allocation decision, that omission can still count
because a failure includes a refusal or an unreasonable non decision.4 In Melani v
City of Johannesburg the court accepted that a municipality’s failure to take a
decision linked to implementing the upgrading programme was reviewable because
it affected residents’ housing interests and legitimate expectations.5 The same
reasoning can apply where the Department fails to decide whether to allocate
materials under a housing programme.
1
Promotion of Administrative Justice Act 3 of 2000 section 1
2
Constitution of the Republic of South Africa 1996 section 33.
3
Promotion of Administrative Justice Act 3 of 2000 section 1
4
Ibid.
5
Melani and Others v City of Johannesburg and Others 2016 5 SA 67 GJ
Varsity Cube 2026 +27 81 278 3372
