, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Does the distribution of building materials by the Department of Human Settlements amount
to administrative action? With reference to relevant legislation. Explain.
Answer 1
Introduction: The Distribution of Building Materials as Administrative Action
The issue at hand concerns whether the distribution of building materials by the Department of
Human Settlements to the residents of Du Noon informal settlement, who were affected by fires in
January 2026, constitutes administrative action. In this context, it is important to examine whether
the actions taken by the Department fall within the scope of administrative action as defined by the
Promotion of Administrative Justice Act (PAJA), and how such actions align with the requirements
for lawful and just administrative conduct under South African law.
Defining Administrative Action Under PAJA
The Promotion of Administrative Justice Act (PAJA) defines “administrative action” in Section 1 as
any decision taken, or any failure to take a decision, by an organ of state or any other authority that:
Has an adverse effect on the rights or interests of any person or group.
Is taken in the exercise of public power or a public function.
In the case of the Du Noon informal settlement, the Department of Human Settlements, as an organ
of state, is actively exercising public power in providing building materials to aid the residents who
have been left homeless by the fires. The provision of materials directly impacts the residents’ rights,
particularly their right to shelter, which is enshrined in the Constitution of South Africa. Therefore,
the distribution of building materials falls squarely within the framework of administrative action
because it is a decision made by a public authority that has a direct and significant impact on the
affected individuals' rights (ADL2601, Study Guide, p. 3).
The Department of Human Settlements as an Organ of State
The Department of Human Settlements is an organ of state, as defined by Section 239 of the
Constitution. It has been assigned the responsibility of managing housing in South Africa, including
the provision of housing materials in cases of disaster or emergency. The distribution of building
materials in response to the Du Noon fires is an exercise of the Department's public function and
authority. Administrative action, as per the PAJA, can only be carried out by organs of state or other
entities vested with public authority. Therefore, the Department’s decision to assist the affected
residents by distributing building materials constitutes an exercise of public power, making it
administrative action as outlined in PAJA (ADL2601, Study Guide, p. 4).
Adverse Effects on the Rights of Residents
For an action to qualify as administrative action, it must have an adverse effect on the rights or
interests of individuals. In this scenario, the fires in Du Noon have left around 3000 residents
homeless, thus severely affecting their fundamental rights, including the right to shelter, which is a
socio-economic right under Section 26 of the Constitution. The distribution of building materials is
intended to mitigate the loss and allow these individuals to rebuild their homes, thereby directly
impacting their ability to exercise their right to adequate housing.
1. Does the distribution of building materials by the Department of Human Settlements amount
to administrative action? With reference to relevant legislation. Explain.
Answer 1
Introduction: The Distribution of Building Materials as Administrative Action
The issue at hand concerns whether the distribution of building materials by the Department of
Human Settlements to the residents of Du Noon informal settlement, who were affected by fires in
January 2026, constitutes administrative action. In this context, it is important to examine whether
the actions taken by the Department fall within the scope of administrative action as defined by the
Promotion of Administrative Justice Act (PAJA), and how such actions align with the requirements
for lawful and just administrative conduct under South African law.
Defining Administrative Action Under PAJA
The Promotion of Administrative Justice Act (PAJA) defines “administrative action” in Section 1 as
any decision taken, or any failure to take a decision, by an organ of state or any other authority that:
Has an adverse effect on the rights or interests of any person or group.
Is taken in the exercise of public power or a public function.
In the case of the Du Noon informal settlement, the Department of Human Settlements, as an organ
of state, is actively exercising public power in providing building materials to aid the residents who
have been left homeless by the fires. The provision of materials directly impacts the residents’ rights,
particularly their right to shelter, which is enshrined in the Constitution of South Africa. Therefore,
the distribution of building materials falls squarely within the framework of administrative action
because it is a decision made by a public authority that has a direct and significant impact on the
affected individuals' rights (ADL2601, Study Guide, p. 3).
The Department of Human Settlements as an Organ of State
The Department of Human Settlements is an organ of state, as defined by Section 239 of the
Constitution. It has been assigned the responsibility of managing housing in South Africa, including
the provision of housing materials in cases of disaster or emergency. The distribution of building
materials in response to the Du Noon fires is an exercise of the Department's public function and
authority. Administrative action, as per the PAJA, can only be carried out by organs of state or other
entities vested with public authority. Therefore, the Department’s decision to assist the affected
residents by distributing building materials constitutes an exercise of public power, making it
administrative action as outlined in PAJA (ADL2601, Study Guide, p. 4).
Adverse Effects on the Rights of Residents
For an action to qualify as administrative action, it must have an adverse effect on the rights or
interests of individuals. In this scenario, the fires in Du Noon have left around 3000 residents
homeless, thus severely affecting their fundamental rights, including the right to shelter, which is a
socio-economic right under Section 26 of the Constitution. The distribution of building materials is
intended to mitigate the loss and allow these individuals to rebuild their homes, thereby directly
impacting their ability to exercise their right to adequate housing.
