ADL2601 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 16 MAY 2024 (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED!)

ADL2601 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 16 MAY 2024 (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED!) QUESTION 1 [30] 1.1 List the persuasive sources of administrative law. [4] 1.2 Identify the 6 (six) ways in which the legal force of administrative action can be ended [6] 1.3 Discuss the purpose of delegation and when is delegation of powers permissible? Make sure you refer to applicable law when answering this question. [6] 1.4 List the binding sources of administrative law. [7] 1.5 Name the two types of control in administrative law. [2] 1.6 Define Administrative Law. [5] QUESTION 2 [27] 2.1 The audi alteram partem rule, as interpreted and developed by our courts, consists of the three (3) rules, identify them. [3] 2.2 Identify the origins of the right to procedurally fair administrative action. [2] 2.3 List the requirements for just administrative action. [8] 2.4 Discuss the meaning and nature of judicial review and appeal in the context of Administrative law. [10] 2.5 Discuss the differences between enabling legislation and delegated legislation. [4] QUESTION 3 [20] 3.1 Discuss the test for reasonableness and enumerate the factors relevant to determining whether a decision is reasonable as set out by O’ Regan J in the Constitutional Court decision Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 7 BCLR 687 (CC). [8] 3.2 In your understanding of South African administrative law, does a mandate or an instruction/command qualify as delegation? explain your answer. [2] 3.3 Identify 3 (three) forms of abuse of power by an administrator. [3] 3.4 Name the 2 (two) types of control in administrative law. [2] 3.5 Discuss the meaning of an organ of state as defined in the Constitution of South Africa, 1996. [5] QUESTION 4 [23] 4.1 Identify the characteristics of an administrative law relationship. [3] Page 8 of 8 4.2 List the overarching constitutional requirements that all administrative action must meet. [4] 4.3 Discuss what the Latin maxim or saying delegatus delegare non potest means. [2] 4.4 Identify or state the three types of delegation identified by Wiechers. [3] 4.5 Discuss the 4 (four) important rules which apply to deconcentration as a specific form of delegation. [8] 4.6 Section 4(1) of the Promotion of Administrative Justice Act 3 of 2000 requires that administrative action which materially and adversely affects the rights of the public must be procedurally fair. What is the definition of public in terms of the Act? [2] 5 In which section of the Constitution of South Africa, 1996 does the supreme law deal with just administrative action? [1] {100}