⋆
]]
⋆
ADL2601: Administrative Law
May/June Examination 2026 — Covering Past Papers: 2023 to 2025
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
[ Public Law / LLB Studies [
_ Exam Revision Guide
ADL2601
Module Code:
Administrative Law
Module Name:
May/June 2023, 2024 & 2025
Papers Covered:
May/June 2026
Target Exam:
100 per paper
Total Marks:
Study for understanding, not memorisation. Know your cases and PAJA sections
cold.
Exam Revision Notes | ADL2601 | 2023–2025
,ADL2601 | Exam Revision 2023–2025 Administrative Law
PART 1: May/June 2025 Examination
ADL2601 Administrative Law · 100 Marks · 3 Hours 30 Minutes
First Examiner: Dr. JR Ramages · Second Examiner: Adv. NC Motsumi
Question 1 [25 marks]
Read the following scenario carefully, then answer all sub-questions.
Scenario: Residents of the Du Noon informal settlement in Cape Town experienced devastat-
ing fires in January 2026. Around 3 000 residents were left homeless and Ms Asmal, one such
resident, was admitted to hospital under severe stress. The City of Cape Town Council and
the Department of Human Settlement began distributing relief. The Disaster Management
Act obliges relevant government departments to provide relief during disasters. Residents
approached you for legal advice.
(1.1) [5 marks]
Question: Identify the organ(s) of state in the factual scenario and discuss the mean-
ing of an organ of state as defined in the Constitution of South Africa, 1996.
Answer: The City of Cape Town Council and the Department of Human
Settlement are the organs of state in this scenario.
Section 239 of the Constitution defines “organ of state” as:
• any department of state or administration in the national, provincial or local
sphere of government; or
• any other functionary or institution that exercises a power or performs a function in
terms of the Constitution or a provincial constitution; or
• any functionary or institution that exercises a public power or performs a public
function in terms of any legislation — but does not include a court or a judicial
officer.
The City of Cape Town forms part of the local sphere of government; the Department of
Human Settlement is part of the national administration. Both therefore satisfy s 239(a).
Worth noting: the key indicator is not the body’s name but whether it exercises public
Page 2 of 26
,ADL2601 | Exam Revision 2023–2025 Administrative Law
power or performs a public function under legislation.
⋆ Exam Tip
Always state the section (s 239) and quote both limbs (a) and (b) of the definition.
Examiners award marks for citing the correct legislative provision.
(1.2) [5 marks]
Question: Identify the administrative law relationship in the scenario and discuss
the characteristics of an administrative law relationship.
Answer: The administrative law relationship exists between the residents (including
Ms Asmal) and the government departments distributing relief. This is a public-law
relationship because one party is an organ of state exercising public power under the
Disaster Management Act.
Characteristics of an administrative law relationship:
1. At least one party is an organ of state — exercising public power or performing
a public function.
2. Public-law nature — the relationship is governed by public law, not private law
such as contract. It originates from legislation or the Constitution.
3. Power imbalance — the administrator holds authority over the subject; the
subject does not simply agree to the arrangement.
4. Legal consequences — the relationship creates rights, duties and legal effects that
are enforceable by or against the parties.
5. Subject to control — such relationships are reviewable by courts for compliance
with the requirements of lawful, reasonable, and procedurally fair administrative
action.
The relationship here is not a private-law one (like a contract between Ms Asmal and a
contractor); it is imposed by statute and involves the exercise of public power.
Page 3 of 26
, ADL2601 | Exam Revision 2023–2025 Administrative Law
(1.3) [10 marks]
Question: Identify the administrative action in the set of facts and give a full defini-
tion of “administrative action” as provided in PAJA 3 of 2000.
Answer: The administrative action is the distribution of building materials and
relief by the Department of Human Settlement to the residents — a decision
taken (or failure to take a decision) by an organ of state in the exercise of a public power
under the Disaster Management Act.
Section 1 of PAJA defines administrative action as any decision taken, or any failure
to take a decision, by —
(a) an organ of state, when —
(i) exercising a power in terms of the Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any legisla-
tion; or
(b) 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 rights of any person and which has a direct, external
legal effect, but excluding certain listed actions (such as executive acts of Cabinet,
legislative functions of Parliament, and judicial acts).
. Watch Out
The definition in s 1 of PAJA has exclusions — learn at least four of them. An
action that falls under an exclusion is not administrative action and PAJA does
not apply to it.
In this scenario: the Department is an organ of state; it acts under legislation (the Dis-
aster Management Act); its decisions (who gets relief and in what quantity) directly and
externally affect the rights and interests of the residents.
Page 4 of 26
]]
⋆
ADL2601: Administrative Law
May/June Examination 2026 — Covering Past Papers: 2023 to 2025
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
[ Public Law / LLB Studies [
_ Exam Revision Guide
ADL2601
Module Code:
Administrative Law
Module Name:
May/June 2023, 2024 & 2025
Papers Covered:
May/June 2026
Target Exam:
100 per paper
Total Marks:
Study for understanding, not memorisation. Know your cases and PAJA sections
cold.
Exam Revision Notes | ADL2601 | 2023–2025
,ADL2601 | Exam Revision 2023–2025 Administrative Law
PART 1: May/June 2025 Examination
ADL2601 Administrative Law · 100 Marks · 3 Hours 30 Minutes
First Examiner: Dr. JR Ramages · Second Examiner: Adv. NC Motsumi
Question 1 [25 marks]
Read the following scenario carefully, then answer all sub-questions.
Scenario: Residents of the Du Noon informal settlement in Cape Town experienced devastat-
ing fires in January 2026. Around 3 000 residents were left homeless and Ms Asmal, one such
resident, was admitted to hospital under severe stress. The City of Cape Town Council and
the Department of Human Settlement began distributing relief. The Disaster Management
Act obliges relevant government departments to provide relief during disasters. Residents
approached you for legal advice.
(1.1) [5 marks]
Question: Identify the organ(s) of state in the factual scenario and discuss the mean-
ing of an organ of state as defined in the Constitution of South Africa, 1996.
Answer: The City of Cape Town Council and the Department of Human
Settlement are the organs of state in this scenario.
Section 239 of the Constitution defines “organ of state” as:
• any department of state or administration in the national, provincial or local
sphere of government; or
• any other functionary or institution that exercises a power or performs a function in
terms of the Constitution or a provincial constitution; or
• any functionary or institution that exercises a public power or performs a public
function in terms of any legislation — but does not include a court or a judicial
officer.
The City of Cape Town forms part of the local sphere of government; the Department of
Human Settlement is part of the national administration. Both therefore satisfy s 239(a).
Worth noting: the key indicator is not the body’s name but whether it exercises public
Page 2 of 26
,ADL2601 | Exam Revision 2023–2025 Administrative Law
power or performs a public function under legislation.
⋆ Exam Tip
Always state the section (s 239) and quote both limbs (a) and (b) of the definition.
Examiners award marks for citing the correct legislative provision.
(1.2) [5 marks]
Question: Identify the administrative law relationship in the scenario and discuss
the characteristics of an administrative law relationship.
Answer: The administrative law relationship exists between the residents (including
Ms Asmal) and the government departments distributing relief. This is a public-law
relationship because one party is an organ of state exercising public power under the
Disaster Management Act.
Characteristics of an administrative law relationship:
1. At least one party is an organ of state — exercising public power or performing
a public function.
2. Public-law nature — the relationship is governed by public law, not private law
such as contract. It originates from legislation or the Constitution.
3. Power imbalance — the administrator holds authority over the subject; the
subject does not simply agree to the arrangement.
4. Legal consequences — the relationship creates rights, duties and legal effects that
are enforceable by or against the parties.
5. Subject to control — such relationships are reviewable by courts for compliance
with the requirements of lawful, reasonable, and procedurally fair administrative
action.
The relationship here is not a private-law one (like a contract between Ms Asmal and a
contractor); it is imposed by statute and involves the exercise of public power.
Page 3 of 26
, ADL2601 | Exam Revision 2023–2025 Administrative Law
(1.3) [10 marks]
Question: Identify the administrative action in the set of facts and give a full defini-
tion of “administrative action” as provided in PAJA 3 of 2000.
Answer: The administrative action is the distribution of building materials and
relief by the Department of Human Settlement to the residents — a decision
taken (or failure to take a decision) by an organ of state in the exercise of a public power
under the Disaster Management Act.
Section 1 of PAJA defines administrative action as any decision taken, or any failure
to take a decision, by —
(a) an organ of state, when —
(i) exercising a power in terms of the Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any legisla-
tion; or
(b) 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 rights of any person and which has a direct, external
legal effect, but excluding certain listed actions (such as executive acts of Cabinet,
legislative functions of Parliament, and judicial acts).
. Watch Out
The definition in s 1 of PAJA has exclusions — learn at least four of them. An
action that falls under an exclusion is not administrative action and PAJA does
not apply to it.
In this scenario: the Department is an organ of state; it acts under legislation (the Dis-
aster Management Act); its decisions (who gets relief and in what quantity) directly and
externally affect the rights and interests of the residents.
Page 4 of 26
