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ADL2601/administrative law 15 may 2023 exam notes
- Institution
- University Of South Africa (Unisa)
administrative law assignments notes. distinction guaranteed 15 may 2023
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Compiled by studybuddy10111Comment for any mistakes occurred.
Administrative Law 17 September exam memo 2021
ADL2601 - Tutorials
Contents
2017 - FIRST SEMESTER - ASSIGNMENT 01 [789501] ....
2017 - FIRST SEMESTER - ASSIGNMENT 02 [800477] ....
2017 - SECOND SEMESTER - ASSIGNMENT 01 [899542].
2017 - SECOND SEMESTER - ASSIGNMENT 02 [824285]
2018 - FIRST SEMESTER - ASSIGNMENT 01 [857100] ....
2018 - FIRST SEMESTER - ASSIGNMENT 02 [733842] ....
2018 - SECOND SEMESTER - ASSIGNMENT 01 [754689]
2018 - SECOND SEMESTER - ASSIGNMENT 02 [756203]
2019 - FIRST SEMESTER - ASSIGNMENT 01 [813675] ....
2019 - FIRST SEMESTER - ASSIGNMENT 02 [762299] ....
2019- SECOND SEMESTER - ASSIGNMENT 01 [774980]
2019 - SECOND SEMESTER - ASSIGNMENT 02 [742020]
2020 - FIRST SEMESTER - ASSIGNMENT 01 [563451] ....
2020 - FIRST SEMESTER - ASSIGNMENT 02 [614319] ....
2020 - SECOND SEMESTER - ASSIGNMENT 01 [861826]
2020 - SECOND SEMESTER - ASSIGNMENT 02 [858412]
2016 - FIRST SEMESTER - ASSIGNMENT 01
The Audi alteram partem rule, as interpreted and developed by our courts, consists of the following:
1. The individual must be given an opportunity to be heard on the matter (i.e., the opportunity
to put his or her case).
2. The individual must be informed of considerations which count against him or her.
3. Reasons must be given by the administrator for any decisions taken.
Over and above the three-legged Audi alteram partem rule, the rules of natural justice embrace a
further rule, namely nemo iudex in sua causa (literally: “no one may be a judge in his or her own
cause”). In other words, the decision-maker must be, and must be reasonably perceived to be
impartial or unbiased. This is known as the rule against bias. The rules of natural justice are
"Constitutionally entrenched" so that these rules are no longer only common law rules, But now
have a constitutional basis. It is important to note that procedural fairness should not be regarded as
a codification of pre-constitutional law, or be confined to the principles of natural justice. In essence,
Such a view will negate the truth that fairness is a flexible concept depending on the circumstances f
each case. In other words, the content of the common-law rules gives a good indication of the
content of the constitutional right with this proviso: the constitutional right is not confined to the
rules of common law.
Administrative action which materially and adversely affects the right or legitimate expectations of
any person must be procedurally fair. (S 3(1) of PAJA). Briefly, legitimate expectation means that the
rules of fair procedure are extended to those cases where no vested right exists, but only a
“Legitimate expectation” of a benefit that may be granted or a benefit that will not be withdrawn
before a hearing has occurred. This expectation is not merely a hope or wish, but based on
,Compiled by studybuddy10111
Comment for any mistakes occurred.
something more concrete, such as an express promise or a regular practice which can reasonably be
expected to continue. It does not mean that the person is guaranteed success, but only that he
should receive a hearing. Application to the scenario.
Fair administrative practice depends on the circumstances of each case (s 3(2)(a) of PAJA).
Mandatory requirements: (These seem like a codification of rules of natural justice) (s 3(2)(b) of
PAJA.)
• Adequate notice of the nature and purpose of proposed action
• Reasonable opportunity to make representations
• Clear statement of administrative action
• Adequate notice of right of review or internal appeal
• Adequate notice of right to request reasons
Discretionary requirements: (s 3(3) of PAJA)
• Opportunity to obtain assistance, even legal assistance in complex cases
• Opportunity to present and dispute information and arguments
• Opportunity to appear in person
S 3(4) of PAJA states that the requirements in s 3(2) of PAJA may be departed from only if reasonable
and justifiable. This is determined by taking all relevant factors into account.
Section 3(5) of PAJA states that the administrator may also follow a different but fair procedure if
the
empowering provision authorises this.
The decision of the Cape Town City Council to refuse the application does not constitute
procedurally fair administrative action in terms of PAJA because, inter alia, Jet set Projects was not
given an opportunity to make representations; was not given adequate notice of the right of review
or internal appeal, and was not given adequate notice to request reasons for the administrative
action. S 3(4) and s 3(5) of PAJA do not seem to be relevant for present purposes.
2016 - FIRST SEMESTER - ASSIGNMENT 02 [789501]
Question 1
"Organ of state" is defined in section…of the Constitution.
1. 1
2. 33
3. 197
4. 239
Question 2
A general administrative-law relationship is created, changed or ended by…, that is by general
means.
1. legislation
, Compiled by studybuddy10111
Comment for any mistakes occurred.
2. judicial decision
3. any organ of state
4. the authorised organ of state
Question 3
Which one of the following is NOT a binding/authoritative source of administrative law?
1. The Constitution
2. Foreign law
3. Case law
4. International law
Question 4
“Administrative action" is defined in section 1 of PAJA. Which one of the following examples
complies with his definition?
1. The Minister of Police decides to continue prosecuting Mrs Radebe.
2. The municipal council of Diepsloot fails to address the housing shortage.
3. Justice Naidoo holds the Minister of Home Affairs accountable for failing to issue Mr
Modiga’s passport.
4. An officer in the Department of Health decides to reject Ms Fargan’s application for parole
based on medical grounds.
Question 5
Just administrative action is aimed at preventing organs of state, public institutions and
functionaries, as well as natural and juristic persons – administrators – from abusing or misusing
their power in their dealings with an individual who is in a subordinate position. Hence the
constitutional demand that administrative action must be performed…
1. proportionally, legitimately and in a democratic manner.
2. timely, cost-effectively and in a transparent manner.
3. lawfully, reasonably and in a procedurally fair manner.
4. effectively, reliably and in a sensible manner.
Question 6
The audi alteram partem rule means that…
1. the administrator must be reasonable.
2. the administrator must hear both sides.
3. the administrator must be impartial.
4. the administrator must be well educated.
Question 7
In what circumstances may the minister identify a group of administrative actions in respect of
which the administrator must automatically furnish reasons?
1. When the court specifies that the minister may do so.
2. When a large group of individuals is affected negatively and adversely by the administrative
action.
3. When the administrator requests the minister to do so.
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