Provide the definition of the administration action as provided in section 1 of the legislation in question above

Law

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Section 1 of the Promotion of Administrative Justice Act, 3 of 2000 (PAJA) defines administrative action as:

Any decision taken, or any failure to take a decision, by:

  • an organ of state when exercising a public power or performing a public function in terms of any legislation or
  • a natural or juristic person, other than an organ of state, when exercising a public power or performing a public function in terms of an empowering provision,

which adversely affects the rights of any person and which has a direct, external legal effect.

However, the definition also excludes certain actions, such as:

  • The executive powers or functions of the President or the Cabinet.
  • The legislative functions of Parliament, a provincial legislature, or a municipal council.
  • The judicial functions of a court or a judicial officer.
  • A decision to institute or continue a prosecution.
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