ADL2601 LATTEST EXAM PACK

ADMINISTRATIVE LAW ADL2601 SOLUTIONS FOR PAST EXAM PAPERS 1 Instagram @ llb_tutor S - The study-notes marketplace Downloaded by: sikonp | Distribution of this document is illegal S - The study-notes marketplace TABLE OF CONTENTS Q: PAPER PAGE OCT/NOV 2018 3 MAY/JUNE 2018 8 OCT/NOV 2017 15 MAY/JUNE 2017 27 OCT/NOV 2016 32 OCT/NOV 2015 39 2 Instagram @ llb_tutor Downloaded by: sikonp | Distribution of this document is illegal S - The study-notes marketplace ADL2601 OCT/NOV 2018 Mr McDonald is the owner of an independent, Durban-based property development company called Build-well Property Group. The company specialises in the development of luxury residential apartment blocks along the seaside. In July 2018 Build-well Property Group decided to undertake a new residential development and consequently submitted their building plans for the construction of a five-storey block of flats to the City of Durban for its approval. Section 4 of the National Building Regulations and Building Standards Act 103 of 1977 requires that building plans must first be approved for every building erected within a municipal area, before any construction may be undertaken. Once submitted to the City, the plans were perused by the Zoning Plans Examiner, Mrs Naidoo, whose role was to determine whether they complied with the conditions of the zoning scheme. Mrs Naidoo recommended that the plan submitted by Build-well Property Group should not be approved since the intended five-storey building exceeds the four-storey building limitation that applies in terms of the zoning scheme. The objection raised by Mrs Naidoo resulted in the City deciding against the development; the application by Build-well Property Group was subsequently dismissed. Mr McDonald is furious about the outcome of the application since the envisioned development would have been a lucrative investment for him and his company. He approaches you for legal advice regarding a number of administrative law issues. QUESTION 1 1.1 Is there an administrative-law relationship present in the set of facts? Give a detailed answer. (10) An administrative-law relationship exists between two parties in an unequal relationship/vertical. One of the subjects is a person or body clothed in state authority/organ of state who is able to exercise that authority over a person or body in a subordinate position whose rights are affected by the action. In the general administrative-law relationship the legal rules governing the relationship between the parties apply to all the subjects within a particular group. These rules thus apply impersonally, that is generally and objectively, and non-specifically and not to a particular identifiable legal subject. In an individual administrative-law relationship legal rules apply personally and specifically between the parties. In other words, the legal rules apply to specifically identifiable legal subjects. The content of the individual relationship will vary from case to case. Yes, Mr McDonald is subject to an individual administrative law relationship, he is in a subordinate position in relation to the municipality taking the decision in terms of the National Building Regulations and Building Standards Act 103 of 1977. The decision that was made applies to Mr McDonald specifically. There exists a vertical relationship between the parties, the municipality is clothed in state authority, whereas Mr McDonald’s rights are affected by the decision taken by the municipality. 1.2 List three persuasive sources of admin