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