ADL2601
SEMESTER 1
ASSIGNMENT 01
UNIQUE NUMBER: 563451
STUDENT NUMBER:
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Question 1
For an administrative-law relationship to be established, at least one of the
legal subjects must be a person or body who exercises power. More
important, the position of power must be held by a person or body clothed
with government (state) authority, and who is able to exercise that authority.
An administrative law relationship can exist between the person who
exercises authority and: a private individual in the subordinate position
lower-ranking official in the same department.1
In this case the Mrs Zondo as an official in the Department of Human
Settlements is qualified to exercise authority. Section 239 states that organ of
state means any department of state or administration in the national,
provincial or local sphere of government; exercising a power or performing a
function in terms of the Constitution or a provincial constitution; exercising a
public power or performing a public function in terms of any legislation, but
does not include a court or a judicial officer. The residents of the informal
settlements as the other party to the relationship represent natural person,
inside the public sphere. The object of an administrative-law relationship or
the reason why the legal subjects entered into a relationship is the legality of
their occupation of the area they have settles. In other words the Prevention
of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, 2
is
the issue which brings about the legal bond linking the two subjects.
Question 2
Administrative action is defined as “any decision of an organ of state of an
administrative nature made in terms of the prescriptions of empowering laws”
3any decision of private persons when they exercise public power or perform
public functions in terms of empowering laws.
Administrative action means a decision taken or failure to take a decision by
an organ of state in exercising a power in terms of the Constitution or a
provincial constitution, or in exercising a public power or performing a public
function in terms of any legislation; or a natural or juristic person which is not
1
2 Act 19 of 1998 [Show Less]