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Which activity does not qualify as administrative action in terms of section 1 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA)?
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The question asks which activity does not qualify as administrative action in terms of section 1 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA).
Section 1 of PAJA defines "administrative action" and also lists specific exclusions. One key exclusion is "the legislative functions of Parliament, a provincial legislature or a municipal council."
Let's analyze each option:
- a) Exercising a power in terms of the Constitution or a provincial Constitution. This is explicitly included in the definition of administrative action under PAJA, specifically for an organ of state.
- b) **A natural or juristic person other than an organ of state exercising public power or performing function in terms of an
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