Assignment 1 Student No: 45579687 unique number: 789501

The starting point would be defining a few terms in order to get an understanding,

Section 1 of PAJA reads

“Administrative action” means any decision taken, or 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

“Organ of state” as defined in section 239 of the Constitution includes

a) Any department of state or administration in the national, provincial or local sphere

of government or
b) Any other functionary or institution
I. Exercising a power or performing a function in terms of the Constitution or
any provincial constitution or
II. Exercising a public power or performing a public function in terms of any
legislation.

According to section 33 of the Constitution:

33 (1) everyone has the right to administrative action that is lawful, reasonable and
procedurally fair.

(2) everyone whose rights have been adversely affected by administrative action has
the right to be given written reason

When we are applying the right to just administrative action as per section 33 of the
Constitution, we first need to establish if administrative action was performed by an organ
of state or any person exercising a public power or performing a public function in terms of
the legislation.

From the above sections we can establish that the Department of Social Development is an
organ of state, and exercising their power over a subordinate person, which is Ms Vuma in
this case.
Assignment 1 Student No: 45579687 unique number: 789501

As administrative action usually takes the form of a decision, The Departments failure to
take a decision is constituted as administrative action as per sec 1 of PAJA.

The Department would be performing a public function in terms of a legislation, namely the
Social Development Act 59 of 1992. The purpose of the Act is to offer assistance to person
who need it, as outlined in the Act.

Ms Vuma has a right to be given written reasons for the decisions taken (or lack thereof) by
the Department. She being told to come back next week every time she enquires, after she
waited the stipulated time of 3 months, is not reasonable nor procedurally fair.

From the scenario given and the above definitions, yes administrative action is present.
Between Ms Vuma and the Department of Social Development. For administrative action to
be present, one party must be in a position of authority and the other party be in a
subordinate position.