administrative action
means any decision taken, or any failure to take a decision, by-
| a) | an organ of state, when- |
| i) | exercising a power in terms of the Constitution or a provincial constitution; or |
| ii) | exercising a public power or performing a public function in terms of any legislation; or |
| b) | 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, but does not include-
| aa) | the executive powers or functions of the National Executive, including the powers or functions referred to in sections 79(1) and (4), 84(2)(a), (b), (c), (d), (f), (g), (h), (i) and (k), 85(2)(b), (c), (d) and (e), 91(2), (3), (4) and (5), 92(3), 93, 97, 98, 99 and 100 of the Constitution; |
| bb) | the executive powers or functions of the Provincial Executive, including the powers or functions referred to in sections 121(1) and (2), 125(2)(d), (e) and (f), 126, 127(2), 132(2), 133(3)(b), 137, 138, 139 and 145(1) of the Constitution; |
| cc) | the executive powers or functions of a municipal council; |
| dd) | the legislative functions of Parliament, a provincial legislature or a municipal council; |
| ee) | the judicial functions of a judicial officer of a court referred to in section 166 of the Constitution or of a Special Tribunal established under section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996), and the judicial functions of a traditional leader under customary law or any other law; |
| ff) | a decision to institute or continue a prosecution; |
| gg) | a decision relating to any aspect regarding the nomination, selection or appointment of a judicial officer or any other person, by the Judicial Service Commission in terms of any law; |
| hh) | any decision taken, or failure to take a decision, in terms of any provision of the Promotion of Access to Information Act, 2000; or |
| ii) | any decision taken, or failure to take a decision, in terms of section 4(1). |