administrative law

1) What is an administrative law relationship? Is Ms Refugee subject of an administrative law relationship? An administrative law relationship is the relationship between a natural or juristic person in a position of state authority and a subordinate legal subject. At least one of the parties must be in a position of state authority, which gives them the right to prescribe, restrict or allow certain behavior by the subordinate party. As such the party with state authority is able to affect the rights and interests of the person in the subordinate position. Ms Refugee is the subordinate subject of an administrative law relationship. The refugee status determination officer is the party in the position of state authority. This person acts with state authority, under the Refugees Act 1998, to make decisions that affect the rights and interests of Ms Refugee. 2) Identify the administrative action. Give a full definition of administrative action The Promotion of Administrative Justice Act 2000, Section 1, defines administrative action as any decision taken, prospective decision or 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 legislation; 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. In Greys Marine Hout Bay v Minister of Public Works 2005, the court defined administrative action as the conduct of the bureaucracy in carrying out the daily functions of the state, which involves the application of policy with direct and immediate consequences for groups or individua