Classification of

administrative
activities
Of no importanceyet
necessary!

Categories of
administrative action

1.1 Legislative
administrative acts (LAas)

Delegated/subordinate legislation
Meaning?
Various forms
Examples?

1.2 Characteristics of
LAa
Example: Gov. No. 34 - Commencement of the Tobacco
Products
Control Act, 2010
Gov. No. 35 - Regulations under the Tobacco
Products Control
Act, 2010
Usually published in Government Gazette
Creates, terminates or varies general relationships
Contains rule of general application
Must fall within the scope of the Constitution or the enabling
Act
Directed towards implementation of social policies
Operates prospectively
Repeal does not affect existing rights
It may not be vague
Remain in force indefinitely
May be repealed or amended by its author.

2.1 Judicial
administrative acts
Example:
The Immigration Tribunal considering an
appeal against the decision of the
Immigration Board.
Few admin bodies perform such functions
Administrative adjudication increasingly
becoming prevalent
Administrative bodies adjudicate informally,
quickly, cheaply & expertly.
Administrative tribunals i.e. town planning,
labour disputes, immigration, competition law, etc.
Law attaches specific consequences to JAas

2.2 General point re

JAas
Can be undertaken by specialist
bodies (administrative tribunals),
other public authorities or individual
administrative officials
Adjudicator active participant in the
adjudication process
Role of precedent not as prominent
in administrative

3. (Purely)
Administrative actions
Implements/gives effect to policy,
legislation or adjudicative decision
State in motion (policies, laws &
judgment not self-executing!)
Encompasses every conceivable aspect
of government activity
Examples?
Administrative act ( include decision
+ action itself)

3.1 General point re

(P)Aas
Creates, alter or terminates
individual ADL relationships
Two forms:
1.Authoritative (unilateral)
administrative action
2.Consensual (multilateral)
administrative action

3.1.1 Authoritative
(unilateral) administrative
action

Examples
1)mechanical action
2)discretionary action
3)police action, and
4)action relating to the internal
functioning of the administration.
Note: Make your own notes on
each!!!

3.1.2. Consensual
(multilateral)
administrative action

Requires the consent or cooperation of

both the organ of state (ADM) and the
other party in the administrative law
relationship before it can take effect.
For example, the idea/decision of the
Ministry of Education to extend the
working hours for teachers in Namibia
requires the consent and cooperation
of NANTU as the recognised bargaining
agent for teachers in the country.

NOTE!!!!!!!!!!!!
You have to be able to recognise
the form of administrative action
application is thus more important
than reciting of facts!!!!!!!