Exam (elaborations)
Summary LEG2601 EXAM PACK 2023
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- University Of South Africa
Summary LEG2601 EXAM PACK 2023
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SummaryLEG2601
EXAM
PACK
2023
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Page 5 of 6
QUESTION 1
1.1. Distinguish between a public law relationship and a private law relationship. (6)
1.2. List any four sources of South African law. (4)
1.3. Define a “heritage resource” and indicate what type of environmental assessment must
be undertaken if a development will have an impact on a heritage resource. (5)
1.4. Write a short note on your understanding of the public trust doctrine. (5)
1.5. Section 24(a) of the Constitution provides that “everyone has the right to an
environment that is not harmful to their health or wellbeing”. Discuss the concept of
wellbeing with reference to case law. Use your own words. (5)
[25]
QUESTION 2
2.1 Decisions are made concerning environmental and planning matters, and the
implementation of rules and regulations are classified as administrative action. In terms
of section 33 of the Constitution (the right to administrative justice), all administrative
decisions must be lawful, reasonable and procedurally fair. In your own words,
explain what the bold phrases mean in relation to environmental decision-making.
(10)
2.2 Discuss, in your own words, the powers of Environmental Management Inspectors.
(10)
[20]
QUESTION 3
3.1 Why must internal remedies be exhausted before a dispute is brought to court? (6)
3.2 Explain what the purpose of a criminal sanction is. (5)
3.3 Distinguish between the following civil law remedies: Interdict and Mandamus. (6)
3.3 Discuss internal administrative control by senior officials. (8)
[25]
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Page 6 of 6
QUESTION 4
Read the following scenario to answer question 4.1-4.3. Remember to use your own words
and apply the set of facts to each of your answers:
Ripwaters (Pty) Ltd wants to build a housing estate in Limpopo, outside an urban area on a
piece of undeveloped land. The proposed housing estate will bring about the transformation
of an area of 10 hectares.
4.1 Identify which procedure the company must follow in terms of the Environmental
Impact Assessment Regulations, 2010 to obtain the necessary authorisation for the
development. After identifying the appropriate procedure, briefly list the applicable
procedure. (16)
4.2 Assume that you are a concerned citizen who is staying next to the development site
described in the scenario above and that the development of the housing estate has
already started. You have not been notified of the development and want access to the
following information: the environmental authorisation, the public participation process
and the basic assessment.
(i) Indicate which section of the Bill of Rights and which legislation are applicable
and can be used to gain access to the above information. (2)
(ii) Who can you approach to request the above information? (5)
4.3 A developer wants to undertake a development on a piece of land where there are
historic grave sites and therefore must submit an impact assessment report to the
responsible heritage resources authority. List the information that must be provided in
the impact assessment report. (7)
[30]
TOTAL: {100}
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UNISA 2021
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Question 1
1.1)Public Law Relationship
- Public law is law governing the relationship between individuals (such as citizens and
companies) and the state.
- It is an unequal (↕ vertical) relationship, because one of the parties holds on authoritative
position
- Public law aims to protect the public interest
- Public law comprises of constitutional law, administrative law, tax law and criminal law, as
well as all procedural law.
Private Law Relationship
- Private law is that part of a civil law legal system which is part of the jus commune that
involves relationships between individuals, such as the law of contracts and torts (as it is
called in the common law), and the law of obligation (as it is called in civil legal systems)
- It is a horizontal (↔ equal) relationship, meaning that the parties are on equal footing
- The persons (also called “parties”) act in their own (private) capacity to further their own
interests
1.2) Four Sources of South African Law
- The constitution – the supreme law of the country
- Legislation (acts of the national and provincial legislatures, governmental regulations)
- Common law
- International law
1.3)The term ‘heritage resource” refers to any place or object of cultural significance. The cultural
Heritage Impact Assessment must be undertaken if a development will have an impact on a
heritage resource.
In the context of developments which threaten heritage resources, the Act provides for a
National Heritage Resources Authority and for Provincial Heritage Resources Authorities. These
authorities are responsible for protecting and managing certain categories of heritage resources
and they are the authorities that must make the decision on whether to permit the
development.
A person who wishes to undertake certain types of development that will an impact on a
heritage resource must include an assessment of the impact on the heritage resource in
question in his or her application.
1.4)The environment is held in public trust for the people,
- The beneficial use of environmental resources must serve the public interest and the
environment must be protected as the people’s common heritage
- Kidd (Environmental law 2008 act 11) states that the public-trust doctrine adopted in South
Africa resembles “trusteeship” rather than public trust
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