ADL2601 Exam Papers and Memos
QUESTION 1
1.1 Identify the organs of state in the given set of facts. Explain your answers with reference
to the constitutional definition of organ of state. (6)
In terms of section 239 of the Constitution, the following are organs of state:
The Department of Minerals and Energy (any department of state or administration in the
national, provincial or local sphere of government)
The official who made the decision in the Department of Minerals and Energy (any other
functionary or institution (ii) exercising a public power or performing a public function in
terms of any legislation)
1.2 Is administrative action in evidence in the set of facts? In your answer, you should give a
full definition of the concept “administrative action” with reference to the provisions of the
Promotion of Administrative Justice Act (PAJA) 3 of 2000. (13)
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