Assignment 1 Semester 1 2026
Unique number:
Due Date: 27 March 2026
QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
Administrative action in section 1 of the Promotion of Administrative Justice Act 3 of 2000
means a decision, or a failure to take a decision, by an organ of state or by a private person
exercising a public power or performing a public function in terms of an empowering
provision, which adversely affects rights and has a direct external legal effect, and which is
not excluded by the listed categories such as executive, legislative, and judicial functions.1
The definition must be read with section 33 of the Constitution, which guarantees lawful,
reasonable, and procedurally fair administrative action and a right to reasons.1
Building blocks of administrative action
1. Decision including a proposed decision and failure to decide
The distribution of building materials usually involves choosing who qualifies, how much is
issued, when it is issued, and on what conditions. That is a decision of an administrative
nature, and the definition of decision in PAJA is deliberately wide enough to cover approvals,
refusals, conditions, demands, and similar acts.1 If officials delay or refuse to make an
Terms
allocation decision, that omission can still count because a failure includes a refusal or ofanuse
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