Classification of administrative

activities
Of no importance…yet necessary!
Categories of administrative action

Classification of
administrative
action

Legislative Judicial
Administrative
administrative administrative
acts
acts acts Implementation of laws or
Rule-making Administrative adjudication
policy
 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 May be repealed or amended by its author.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 JAa’s
 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)Aa’s
 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!!!!!!!