EDL3702
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be lawful,
reasonable and procedurally fair.1 Lawfulness means that a decision must be made within
the powers given by law and not go beyond what is allowed. A school, for example, must act
within the rules set by legislation such as the Schools Act.1
Reasonableness means that the decision must make sense and be based on proper facts. It
should not be unfair or irrational. If a school disciplines a learner, the punishment must be
suitable for the misconduct and not excessive.1 Procedural fairness means that the learner
must be treated fairly during the process. This includes giving the learner a chance to be
heard before a decision is made.1 The Constitution also gives the right to written reasons
where a person’s rights have been affected.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be
lawful, reasonable and procedurally fair.1 Lawfulness means that a decision must be
made within the powers given by law and not go beyond what is allowed. A school,
for example, must act within the rules set by legislation such as the Schools Act.2
Reasonableness means that the decision must make sense and be based on proper
facts. It should not be unfair or irrational. If a school disciplines a learner, the
punishment must be suitable for the misconduct and not excessive. 3 Procedural
fairness means that the learner must be treated fairly during the process. This
includes giving the learner a chance to be heard before a decision is made.4 The
Constitution also gives the right to written reasons where a person’s rights have
been affected.5
1.2 Basic elements of procedural fairness in disciplinary proceedings
Procedural fairness is drawn from both common law and legislation such as the
Promotion of Administrative Justice Act. It sets out how a fair process must be
followed when a learner faces disciplinary action.6
One important element is notice of the hearing. The learner must be informed
about the charges against them in good time so that they can prepare a response.7
Another element is the right to be heard. This means the learner must be given an
opportunity to explain their side of the story. This principle is often referred to as audi
alteram partem.8
1
Constitution of the Republic of South Africa, 1996 s 33.
2
South African Schools Act 84 of 1996.
3
Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (4) SA 490 (CC).
4
Constitution of the Republic of South Africa, 1996 s 33(1).
5
Constitution of the Republic of South Africa, 1996 s 33(2).
6
Promotion of Administrative Justice Act 3 of 2000.
7
Promotion of Administrative Justice Act 3 of 2000 s 3(2)(b)(i).
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be lawful,
reasonable and procedurally fair.1 Lawfulness means that a decision must be made within
the powers given by law and not go beyond what is allowed. A school, for example, must act
within the rules set by legislation such as the Schools Act.1
Reasonableness means that the decision must make sense and be based on proper facts. It
should not be unfair or irrational. If a school disciplines a learner, the punishment must be
suitable for the misconduct and not excessive.1 Procedural fairness means that the learner
must be treated fairly during the process. This includes giving the learner a chance to be
heard before a decision is made.1 The Constitution also gives the right to written reasons
where a person’s rights have been affected.1
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1 Constitutional requirements for just administrative action
The right to just administrative action is found in section 33 of the Constitution of the
Republic of South Africa. This section requires that all administrative action must be
lawful, reasonable and procedurally fair.1 Lawfulness means that a decision must be
made within the powers given by law and not go beyond what is allowed. A school,
for example, must act within the rules set by legislation such as the Schools Act.2
Reasonableness means that the decision must make sense and be based on proper
facts. It should not be unfair or irrational. If a school disciplines a learner, the
punishment must be suitable for the misconduct and not excessive. 3 Procedural
fairness means that the learner must be treated fairly during the process. This
includes giving the learner a chance to be heard before a decision is made.4 The
Constitution also gives the right to written reasons where a person’s rights have
been affected.5
1.2 Basic elements of procedural fairness in disciplinary proceedings
Procedural fairness is drawn from both common law and legislation such as the
Promotion of Administrative Justice Act. It sets out how a fair process must be
followed when a learner faces disciplinary action.6
One important element is notice of the hearing. The learner must be informed
about the charges against them in good time so that they can prepare a response.7
Another element is the right to be heard. This means the learner must be given an
opportunity to explain their side of the story. This principle is often referred to as audi
alteram partem.8
1
Constitution of the Republic of South Africa, 1996 s 33.
2
South African Schools Act 84 of 1996.
3
Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (4) SA 490 (CC).
4
Constitution of the Republic of South Africa, 1996 s 33(1).
5
Constitution of the Republic of South Africa, 1996 s 33(2).
6
Promotion of Administrative Justice Act 3 of 2000.
7
Promotion of Administrative Justice Act 3 of 2000 s 3(2)(b)(i).
