Exam (elaborations)
ADL2601 EXAM PACK 2024
- Course
- ADL2601
- Institution
- University Of South Africa
LATEST EXAM PACK QUESTIONS AND ANSWERS AND SUMMARIZED NOTES FOR EXAM PREPARATIONS UPDATED FOR 2024 EXAMS.
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ADL2601EXAM PACK
2024
LATEST EXAM PACK QUESTIONS AND ANSWERS
AND SUMMARIZED NOTES FOR EXAM
PREPARATIONS UPDATED FOR 2024 EXAMS.
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Administrative Law
(NOTE: Questions are in BOLD)
Mr. Con Swindle is a student at the Peoples’ University. At the start of the year-‐
end examination in Administrative Law the invigilator draws the students’
attention to the dire consequences of cheating in the examination. During the
examination the invigilator catches Mr. Con Swindle copying answer from notes
smuggled into the venue. The invigilator reports the student to the relevant
lecturer who summarily expels Mr. Con Swindle from the university. She informs
him that she has no interest in students who waste her time.
The Higher Education Act makes provisions for the steps that should be taken in
such a case, inter alia the Principle is authorized to expel the student after a
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disciplinary hearing. The Principle, in terms of the legislation, delegates the
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disciplinary proceedings to be conducted by a designated committee consisting of
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the Dean of Students Affairs, the legal advisor and the Registrar. A student can
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only be expelled if the committee has conducted a disciplinary hearing and
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recommended expulsion to the Principle.
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Answer the following questions. Give reasons for all your answers -‐ a
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bare “yes” or “no” or reference to case or provision is NOT enough.
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Question 1
1a) Define an administrative-‐law relationship, including the concepts of general
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and individual administrative-‐law relationships. Explain whether Mr. Con
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Swindle is subject of general or individual-‐administrative relationship in his
dealings with the university authorities.
-‐ An administrative-‐law relationship is where one of the legal subjects is an
authoritative person or body who exercises power.
-‐ He must have the power to prescribe, restrain or allow other individuals or
jurists person to act in a certain way.
-‐ The position of power must be held by a person or body clothed with state
authority, and who is able to exercise that authority
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-‐ The exercise of such power may affect the rights and interests of the
person in the relationship leaving such person in a subservient or
subordinate position.
-‐ In general administrative-‐law relationship the legal rules governing the
relationship between the purities 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 parties.
-‐ The legal rules apply to specifically identifiable legal subjects.
-‐ Individual relationships we created by individual administrative decisions
-‐ Mr. Con Swindle according to the scenario is subject to both general and
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individual administrative-‐law relationships:
ls ls
• The lecturer summarily expelling Mr. Con Swindle from the
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university is an individual administrative-‐law relationship
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to tor
• The procedural steps set up by The Higher Education Act is general
or objective relationship
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.g . T
1b) Define administrative action in terms of section 1 of the Promotion of
Administrative Justice Act 3 of 2000 (PAJA). ***
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Administrative Action means any decision taken or any failure to take a decision
by:
-‐ An organ of State when:
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• Exercising a power in terms of the Constitution of a provincial
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Constitution or
• Exercising a public power or performing a public function in terms of
any legislation or
-‐ A natural or juristic person, other than an organ of state, when exercising a
public power or performing a public function in terms of an empowering
provision,
-‐ When adversity affects the rights of any person and which has a direct,
external legal effect but does not include
-‐ The executive person or functions of the Natural Executive
-‐ The executive powers of functions of the Provincial executive
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-‐ The executive powers or functions of the municipal council
-‐ The legislative function of Parliament, a Provincial legislature or a municipal
council
-‐ The decision to instate or continue a prosecution
-‐ Any decision taken or failure to take a decision in terms of Section 4 (1) [of
PAJA]
-‐ Any decision taken or failure to take a decision in terms of any provision if
the promotion of Access to Information Act 2000
1c) Indicate in each case whether the following is administrative action.
Substantiate your answer.
i) The decision of Mr. Swindle to appeal to the Principle against the
summary expulsion. (2)
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-‐ No, appealing is one of the remedies available to him and Mr.
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Swindle is not an organ of state since administrative action can
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only be exercised by an organ of state
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ii) The local prosecutor’s decision to change and prosecute Mr. Swindle.
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(1)
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-‐ This does not amount to administrative action
-‐ the decision to institute or continue a prosecution according to
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PAJA does not contribute to administrative action.
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iii) The Principal’s decision to institute disciplinary proceedings. (2)
-‐ This amounts to administrative action since the Principal is acting
in accordance to the Higher Education Act,
-‐ The principal is exercising a public power in accordance to
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legislation (Higher Education Act)
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Question 2
2a) What is an organ of state as defined by the Constitution Of Republic of
South Africa 1996? Is the university (including its employees) an organ state?
Why? (10)
-‐ organ of state means any department of state or administration in the
national, provincial or
-‐ local sphere of government; or
-‐ any other functionary or institution
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