ADL2601 Assignment 1 Semester 2 2026 – Due 25 August 2026

Description

ADL2601 ASSIGNMENT 1 2026
DUE 25 AUGUST 2026

The central legal issue is whether the Provincial Department of Transport’s decision to
revoke Mr X’s Abnormal Loads Permit constitutes “administrative action” as defined in
section 1 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA). This
determination is critical because PAJA only applies to “administrative action”. If the
Department’s conduct does not qualify, Mr X cannot challenge the decision under
PAJA.¹ The definition contains seven essential elements that must all be satisfied.²

2. THE STATUTORY DEFINITION OF ADMINISTRATIVE ACTION
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 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,
 but does not include
 (aa) the executive powers or functions of the National Executive…
 (bb) the executive powers or functions of the Provincial Executive…