STUDENT GYDE
ADL2601
ASSIGNMENT 1 (MEMO) SEMESTER 1
DUE DATE: 27 MARCH 2026
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QUESTION 1
Administrative action is defined in section 1 of the Promotion of Administrative Justice Act 3 of 2000
(PAJA) as any decision, or failure to take a decision, by an organ of state or 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, excluding certain listed
executive, legislative and judicial functions. This definition must be read together with section 33 of
the Constitution of the Republic of South Africa, 1996, which guarantees everyone the right to
lawful, reasonable and procedurally fair administrative action, and the right to written reasons (s
33).
Building Blocks of Administrative Action
1. Decision (Including a Proposed Decision and Failure to Decide)
A decision includes making, suspending, revoking or refusing to make a determination. The
definition in PAJA is deliberately wide and covers approvals, refusals, conditions, demands and
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