ADL2601 Administrative law
STATE AUTHORITY
The public power exercised by an organ of state or natural persons or juristic persons over
another person or body in a subordinate or subservient position
ADMINISTRATIVE ACTION
The conduct of functionaries and institutions (administrators) when exercising a public power or
performing a public function in terms of any legislation
JUST ADMINISTRATIVE ACTION
The manner in which any administrative action must be performed by the organ of state or
natural persons or juristic persons in exercising state authority
CONTROL OF ADMINITRATIVE ACTION
This refers to the correcting or rectifying of administrative action that is not just or fair. (Does
not align with the with the prescriptions of the law)
SECTION 1 OF PAJA DEFINES "administrative action "
Administrative action means any decision taken or failure to take a decision by:
a) an organ of the state, when:
i) exercising power in terms of the constitution or provincial constitution
ii) exercising public power or performing a public function in terms of any legislation
b) a natural or juristic persons other than an organ of the state when exercising a public power
or performing a public action in terms of an empowering provision.
SECTION 33 OF THE CONSTITUTION OF RSA (1996)
Imposes a duty on all administrators to
- act lawfully
- act reasonably
- follow fair procedures
- to give written reasons
(when the rights of any person in the subordinate position is adversely affected)
REQUIREMENTS FOR JUST ADMINISTRATION MAY BE FOUND?
1) the Constitution of RSA (1996)
2) Promotion of Administrative Justice Act 3 of 2000 (PAJA)
3) common law
LEGAL RELATIONSHIP
, Consists of two or more legal subjects and is governed by law
PUBLIC LAW RELATIONSHIPS
Occurs between an authoritative individual and a subordinate individual (vertical relationship)
PRIVATE LAW RELATIONSHIP
Occurs between two individuals of the same or similar rankings (horizontal relationship)
ADMINISTRATIVE RELATIONSHIPS MAY EXISTS BETWEEN:
= A person who exercises authority and a private individual in a subordinate position
=any persons who exercises authority and a lower ranking official in the same department
(between government authorities)
GENERAL ADMINISTRATIVE LAW RELATIONSHIP
The legal rules governing the relationship between the parties apply to all subjects of a
particular group (applied impersonally) and is created/ changed/ abolished by legislation
INDIVIDUAL ADMINISTRATIVE LAW RELATIONSHIP
The legal rules apply personally and specifically between the parties and is created / changed /
abolished by individual administrative decisions
CHARACTERISTICS OF THE ADMINISTRATIVE LAW RELATIONSHIPS
1) At least one if the legal subjects must be a person or body who exercises power
2) The position of power must be held by a person or body "clothed" with authority, and who is
able to exercise that authority
REQUIREMENTS FOR AN ADMINISTRATIVE RELATIONSHIP
-The authoritive person must be able to use their authority to compel the other individual to act
in a specific manner
-This may impact the person in a subordinate position negatively.
SECTION 239 OF THE CONSTITUTION OF RSA
Defines "organ of state"
HOW DOES SECTION 239 OF THE CONSTITUTION OF SOUTH AFRICA DEFINE "organ of state"?
"Organ of state " means
a) any department of state or administration in the national or provincial or local sphere of
government
b) any other functionary or institution
i) exercising power or performing a function in terms of the constitution or provincial
STATE AUTHORITY
The public power exercised by an organ of state or natural persons or juristic persons over
another person or body in a subordinate or subservient position
ADMINISTRATIVE ACTION
The conduct of functionaries and institutions (administrators) when exercising a public power or
performing a public function in terms of any legislation
JUST ADMINISTRATIVE ACTION
The manner in which any administrative action must be performed by the organ of state or
natural persons or juristic persons in exercising state authority
CONTROL OF ADMINITRATIVE ACTION
This refers to the correcting or rectifying of administrative action that is not just or fair. (Does
not align with the with the prescriptions of the law)
SECTION 1 OF PAJA DEFINES "administrative action "
Administrative action means any decision taken or failure to take a decision by:
a) an organ of the state, when:
i) exercising power in terms of the constitution or provincial constitution
ii) exercising public power or performing a public function in terms of any legislation
b) a natural or juristic persons other than an organ of the state when exercising a public power
or performing a public action in terms of an empowering provision.
SECTION 33 OF THE CONSTITUTION OF RSA (1996)
Imposes a duty on all administrators to
- act lawfully
- act reasonably
- follow fair procedures
- to give written reasons
(when the rights of any person in the subordinate position is adversely affected)
REQUIREMENTS FOR JUST ADMINISTRATION MAY BE FOUND?
1) the Constitution of RSA (1996)
2) Promotion of Administrative Justice Act 3 of 2000 (PAJA)
3) common law
LEGAL RELATIONSHIP
, Consists of two or more legal subjects and is governed by law
PUBLIC LAW RELATIONSHIPS
Occurs between an authoritative individual and a subordinate individual (vertical relationship)
PRIVATE LAW RELATIONSHIP
Occurs between two individuals of the same or similar rankings (horizontal relationship)
ADMINISTRATIVE RELATIONSHIPS MAY EXISTS BETWEEN:
= A person who exercises authority and a private individual in a subordinate position
=any persons who exercises authority and a lower ranking official in the same department
(between government authorities)
GENERAL ADMINISTRATIVE LAW RELATIONSHIP
The legal rules governing the relationship between the parties apply to all subjects of a
particular group (applied impersonally) and is created/ changed/ abolished by legislation
INDIVIDUAL ADMINISTRATIVE LAW RELATIONSHIP
The legal rules apply personally and specifically between the parties and is created / changed /
abolished by individual administrative decisions
CHARACTERISTICS OF THE ADMINISTRATIVE LAW RELATIONSHIPS
1) At least one if the legal subjects must be a person or body who exercises power
2) The position of power must be held by a person or body "clothed" with authority, and who is
able to exercise that authority
REQUIREMENTS FOR AN ADMINISTRATIVE RELATIONSHIP
-The authoritive person must be able to use their authority to compel the other individual to act
in a specific manner
-This may impact the person in a subordinate position negatively.
SECTION 239 OF THE CONSTITUTION OF RSA
Defines "organ of state"
HOW DOES SECTION 239 OF THE CONSTITUTION OF SOUTH AFRICA DEFINE "organ of state"?
"Organ of state " means
a) any department of state or administration in the national or provincial or local sphere of
government
b) any other functionary or institution
i) exercising power or performing a function in terms of the constitution or provincial
