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ADL2601 ASSIGNMENT 1 SEMESTER 2 - 2022 (796578)
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- University Of South Africa (Unisa)
ADL2601 ASSIGNMENT 1 SEMESTER 2 - 2022 UNIQUE NUMBER:
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ADL2601 ASSIGNMENT 1SEMESTER 2 - 2022
UNIQUE NUMBER: 796578
DUE DATE: 10 AUGUST 2022
, Set of facts:
Ms Connie Coward, scared of the high crime rate in Heaven-on Earth Valley where she
lives, applies for a licence to possess a firearm in terms of section 14 of the Firearms
Control Act 60 of 2000. The Act provides for a Designated Firearms Officer (DFO) of a
certain rank above constable stationed at a police station (established in terms of the
South African Police Services Act 68 of 1995) to make the decision to issue a licence or not.
The licence is refused by a sergeant at the police station. Ms Coward was afforded no
hearing.
Ms Coward seeks your opinion regarding her legal position.
Answer the following questions and substantiate your answers with reference to the set
of facts above where applicable.
QUESTION 1
1.1 Explain the characteristics of the administrative-law relationship. What kind of
administrative-law relationship is in evidence in the set of facts should you find that such
a relationship is in evidence?
Provide a reason for your conclusion. [5]
An administrative-law relationship exists between two parties in an unequal /vertical
relationship. 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.
Yes, an individual administrative-law relationship is in evidence since Ms Coward in a
subordinate position and the Designated Firearms Officer (DFO) (organ of state) is in a
position of state authority.
It is also important to note that the relationship is characterised by a situation when rules
apply personally and specifically between the parties in a subordinate position and that the
relationship is created by individual administrative decisions.
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