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Lecture notes UK Constitutional Law Constitutional and Administrative Law, ISBN: 9781292144252
Lecture notes UK Constitutional Law Constitutional and Administrative Law, ISBN: 9781292144252
Lecture notes UK Constitutional Law Constitutional and Administrative Law, ISBN: 9781292144252
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ADL2601
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ADL2601
EXAM PACK
, QUESTION 1
Set of facts Ms Vuma applies to a provincial government’s Department of Social
Development for a disability grant under the Social Assistance Act 59 of 1992 and
its regulations. She is informed that her application will take about three months
to be processed and she is given a properly dated and stamped receipt as
required by the regulations. Ms Vuma waits for the three-month period to lapse
before she starts making enquiries. Her enquiries prove to be completely fruitless
and she receives no information about the outcome of her application. A number
of times she receives the following reply from an administrator: “Your application
is still in the process of being decided upon. Come back next week.” Answer the
following questions and substantiate your answers with reference to the set of
facts, where applicable.
Question 1 1.1 Distinguish between a general and an individual administrative law
relationship and give an example of each with reference to the set of facts. (10)
1.2 Give the definition of “administrative action” as provided in section 1 of the
Promotion of Administrative Justice Act (PAJA) 3 of 2000. (10)
1.3 In view of the definition of “administrative action”, state what the
administrative action is in the set of facts and also state why in your opinion such
action qualifies as administrative action by referring to the definition of
“administrative action”. (5)
1.4 When does administrative action take effect? (3) 1.5 List any two (2) binding
sources of administrative law.
Question 1.1
Distinguish between a general and an individual administrative law relationship, with
examples.
General administrative law relationship: This involves a broad, impersonal
relationship between the state and the general public. Administrative rules or actions
apply to everyone or a large group, not just a specific individual.
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