ADL2601 5 Administrative Action

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lOMoAR cPSD| 3013804

5 Administrative Action
Administrative Law (University of South Africa)

lOMoAR cPSD| 3013804

STUDY UNIT 5:
ADMINISTRATIVE
ACTION:
- Activity 5.1 (Page 42)
1. - Presidential functions - distinction between executive and constitutional. President of the Republic of
South Africa v South African Rugby Football Union (SARFU) 1999…
2. - Action in terms of original legislation is not administrative action. Fedsure Life Insurance Ltd. v
Greater Johannesburg Transitional Metropolitan Council 1998…
3. - The adoption of an Act by Parliament is not administrative action as it is performing
legislative functions.
4. - Minister makes regulations in terms of an Act = administrative action (regulations constitute
subordinate legislation)
5. - Judicial functions are not administrative action.
6. - Public official refusing application is administrative action.
7. - Person appeals application is administrative action.
5.1 THE NEED TO ESTABLISH WHETHER ADMINISTRATIVE ACTION IS INVOLVED:
1. - The application of the s 33 (The right to just administrative action) depends on;
Administrative action performed by;
Organ of State
Person exercising public power
Person performing public function
in terms of legislation
2. - List of exclusions to what constitutes administrative action.
5.2 THE BROAD DEFINITION OF ADMINISTRATIVE ACTION:
5.2.1 A broad description:
- Any decision of an organ of state (of administrative nature), made in terms of the prescription of
the empowering laws and/or,
- Any decision of private persons when they exercise public power or perform public functions in terms of
empowering laws.
- The Constitutional Court approach the meaning of administrative action negatively (provided a list
of exclusions).
- President of the Republic of South Africa v SARFU
- Pharmaceutical Manufacturers Association of South Africa ex parte President of the Republic of South
Africa.
- Above cases help determine whether action qualifies as administrative action.