Exam (elaborations)
Preparation for Law of Insolvency
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This document is a short essay in which it provides details into the Harksen v Lane case as well.
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TEST 11. “This is one of those difficult cases” is an observation made in:
A. Sarfu
B. Pharmaceutical Manufacturers
C. Bato Star
D. Fedsure
2. PAJA is an example of:
A. Provincial legislation
B. Social legislation
C. Prescriptive legislation
D. Enabling legislation
E. Unique legislation
3. The exercise of public power has been described as meaning:
A. A duty to act in the interests of a select few
B. A duty to act in the public interest rather than for private purposes
C. A duty to act as one deems fit
D. A duty to act in the best interests of the executive
E. A duty to act in one’s best interests
4. Administrative law has also been described as:
A. A discipline steeped in controversies
B. The state in motion
C. A discipline concerned with office administration
D. An extension of the principle of legality
5. When judicially reviewing the exercise of public power in terms of the
principle of legality, the grounds of review are to be found in:
A. The Constitution
B. Section 6 of PAJA
C. The Rules of the High Court
D. Rationality, reasonableness and procedural fairness
6. The principle of legality:
, A. Arises from the general application of PAJA
B. Is a consequence of section 33 of the Constitution
C. Concerns the overall consideration of administrative action
D. Is an incident of the rule of law
7. Administrative justice can be seen to be said to be:
A. A mere notional concept
B. A by-product of socio-economic rights
C. A by-product of just administrative action
D. Only of academic interest
8. When powers and functions of administrative bodies are enabled or
empowered in terms of legislation, the administrative body must act:
A. Only in terms of the applicable provincial legislation
B. In terms of PAJA
C. Only in terms of the applicable local by-laws
D. Within the ‘jurisdiction’ of what the legislation permits
9. With reference to the protection of individual rights it has been observed
that “…one continually finds that the legal issue has been the control of the
powers of government through the application of the principles of
administrative law”. Such observation has been made by:
A. O’Regan J
B. The writings of Corder
C. Budlender
D. Baxter
E. Chaskalson CJ
10. In Fedsure the Concourt decided that a local government is:
A. Solely an administrative agency
B. A deliberative legislative body endowed with legislative and executive
functions
C. A public body that merely exercises delegated functions
D. Key to the way in which provincial and national government function
11. A prerogative power is akin (likened unto) a:
A. Executive power
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