Topic 3: What is an Administrative Action? Explained in full with examples| SA CASE LAW Channel

Note on Administrative Action

Right to Just Administrative Action

  • Constitutional Provision

    • Section 33 of the Constitution guarantees the right to just administrative action.

    • Administrative actions must be lawful, reasonable, and fair.

    • Individuals adversely affected by administrative actions have the right to request written reasons for such actions.

  • National Legislation

    • National legislation enforces these rights and mandates the review of administrative actions.

    • The state has a duty to uphold these rights.

Overview of Administrative Law

  • Purpose of Administrative Law

    • Protects public interests in interactions with the government.

    • Controls government power to safeguard individual rights.

  • Definition of Administrative Action

    • Defined by the Promotion of Administrative Justice Act 3 of 2000.

    • Refers to decisions or failures to decide by state organs or private entities exercising public power that adversely affect individual rights and have direct legal effects.

Non-Administrative Actions

  • Exclusions from Administrative Action

    1. Constitutional Powers and Functions

      • Examples include:

        • Presidential assent to bills (Section 84(2)).

        • Appointment of commissions of inquiry (Section 84(f)).

        • Ceremonial functions and signing of legislation.

    2. Legislative Functions

      • Actions taken by Parliament, provincial legislatures, and municipal councils.

      • Example: Adoption of an act by Parliament.

    3. Judicial Functions

      • Actions by judges and magistrates.

      • Examples include:

        • Decisions to institute prosecutions.

        • Appointments of judicial officers by judicial services commissions.

    4. Decisions under the Promotion of Access to Information Act 2 of 2000

      • This act has specific provisions regarding review reasons, thus excluding it from administrative action.

    5. Federated Life Insurance Limited v. Greater Johannesburg Transitional Metropolitan Council (1998)

      • Established that actions under original legislation do not constitute administrative action.

Administrative Action Examples

  • Regulations by Ministers

    • Making regulations under an act constitutes administrative action as it is considered subordinate legislation.

Conclusion

  • Understanding administrative action is crucial for recognizing the rights and protections available to individuals in their interactions with government entities.

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