ADL2601
ASSIGNMENT 1 (SEMESTER 1)
DUE 27 MARCH 2026
QUESTION 1 - VARIOUS ANSWERS PROVIDED
The main issue is whether the distribution of building materials by the Department of
Human Settlements (hereafter “the Department”) to residents affected by the January
2026 fires in Du Noon qualifies as administrative action under South African law.
Residents, such as Ms Asmal, lost their homes and personal belongings in the fire, and
the Department’s actions aim to assist them in rebuilding and restoring basic living
conditions.
Definition of Administrative Action
Administrative action is defined in section 1 of the Promotion of Administrative Justice
Act 3 of 2000 (PAJA) as any decision taken, or failure to take a decision, by an organ of
state that affects the rights or interests of any person and has a direct, external legal
effect. PAJA further requires that administrative action must be lawful, reasonable, and
procedurally fair. In addition, section 33 of the Constitution of the Republic of South
Africa, 1996 guarantees that everyone has the right to administrative action that meets
these standards. This constitutional provision ensures that all decisions made by
government bodies are accountable and just.
Application to the Distribution of Building Materials
The Department’s distribution of building materials arises from the Disaster
Management Act 57 of 2002, which imposes a legal duty on government departments to
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
ASSIGNMENT 1 (SEMESTER 1)
DUE 27 MARCH 2026
QUESTION 1 - VARIOUS ANSWERS PROVIDED
The main issue is whether the distribution of building materials by the Department of
Human Settlements (hereafter “the Department”) to residents affected by the January
2026 fires in Du Noon qualifies as administrative action under South African law.
Residents, such as Ms Asmal, lost their homes and personal belongings in the fire, and
the Department’s actions aim to assist them in rebuilding and restoring basic living
conditions.
Definition of Administrative Action
Administrative action is defined in section 1 of the Promotion of Administrative Justice
Act 3 of 2000 (PAJA) as any decision taken, or failure to take a decision, by an organ of
state that affects the rights or interests of any person and has a direct, external legal
effect. PAJA further requires that administrative action must be lawful, reasonable, and
procedurally fair. In addition, section 33 of the Constitution of the Republic of South
Africa, 1996 guarantees that everyone has the right to administrative action that meets
these standards. This constitutional provision ensures that all decisions made by
government bodies are accountable and just.
Application to the Distribution of Building Materials
The Department’s distribution of building materials arises from the Disaster
Management Act 57 of 2002, which imposes a legal duty on government departments to
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
