,Table of Contents
EXAM MEMORANDUMS ............................................................................................................................................. 2
MAY/ JUNE 2024........................................................................................................................................................... 2
OCTOBER/NOVEMBER 2023 .................................................................................................................................... 6
MAY/ JUNE 2023......................................................................................................................................................... 14
OCTOBER/NOVEMBER 2022 .................................................................................................................................. 19
MAY/ JUNE 2022......................................................................................................................................................... 23
28 JANUARY 2022...................................................................................................................................................... 32
OCTOBER/NOVEMBER 2021 .................................................................................................................................. 40
JUNE/JULY 2021......................................................................................................................................................... 47
JANUARY/FEBRUARY 2021 .................................................................................................................................... 55
OCTOBER/NOVEMBER 2020 .................................................................................................................................. 63
MAY/JUNE 2020.......................................................................................................................................................... 73
OCTOBER/NOVEMBER 2019 .................................................................................................................................. 82
MAY/ JUNE 2019......................................................................................................................................................... 90
NOVEMBER/DECEMBER 2018 ............................................................................................................................... 99
MAY/ JUNE 2018....................................................................................................................................................... 110
OCTOBER NOVEMBER 2017 ................................................................................................................................ 122
MAY/JUNE 2017........................................................................................................................................................ 131
ADMINISTRATIVE LAW - ADL2601
EXAM MEMORANDUMS
MAY/ JUNE 2024
QUESTION 1 [30]
1.1 List the persuasive sources of administrative law. [4]
Law books and journals
Green and white papers
Foreign law
Reports by chapter 9 institutions
1.2 Identify the 6 (six) ways in which the legal force of administrative action can be ended [6]
,The legal force of admin action can be in ended by
Repeal
Revocation
A court order
When one of individuals withdraws in the relationship
A lapse of time
An amendment
1.3 Discuss the purpose of delegation and when is delegation of powers permissible? Make sure you refer to
applicable law when answering this question. [6]
The purpose of the delegation of powers is to distribute labor within a department. An executive member of state
irrespective of the sphere they are in is allowed to delegate any power or function that must exercised in line with
legislation to another executive member of state. Only if the delegation in in line with the legislation in terms of
which the power is exercised. The member can also exercise power for another executive member of state.
The delegation of powers is allowed when an administrator is allowed to preform a specific function and the
function cannot be delegated unless it allowed by statue. It is also allowed when an administrator is exercising
discretionary power and makes a decision and then tells a person lower than them to implement the decision.
1.4 List the binding sources of administrative law. [7]
- The constitution
- Legislation
- Case law
- International law
- Admin practice
- Common law
- Ubuntu
1.5 Name the two types of control in administrative law. [2]
Judicial Control and Internal Control
1.6 Define Administrative Law. [5]
Admin law is a branch of public law that regulates the legal relationship of authorities; whether with private
individuals or organizations or other public authorities. It governs the way in which these bodies preform their
functions and exercises their powers when they implement or give effect to empowering and other statutory
provisions. Courts paly n important role in controlling and regulating the exercise public powers by other branches
of government.
, QUESTION 2 [27]
2.1 The audi alteram partem rule, as interpreted and developed by our courts, consists of the three (3) rules,
identify them. [3]
- the chance to present one’s case or argue their case
- the right to informed against decisions that count against a person
- the right to be provided with reasons for a decision affecting him/her
2.2 Identify the origins of the right to procedurally fair administrative action. [2]
The common law rules of natural justice which are audi alteram partem and the rule against bias.
2.3 List the requirements for just administrative action. [8]
- admin action must be lawful
- admin action must be procedurally fair
- admin action must be reasonable
We can find this in section 33 of our constitution.
Which says everyone hast the right to admin that is lawful procedurally fair and reasonable. Everyone whose rights
have been affected by admin action has the right to be given written reasons . National legislation is supposed to
give effect to those rights.
2.4 Discuss the meaning and nature of judicial review and appeal in the context of Administrative law. [10]
Judicial review:
This is when courts who do normal appeal jurisdiction but do have jurisdiction to review appeals under the common
law to review admin action in terms of the constitution and also review decisions of lower courts under the
supreme courts act and also have the power to review admin action in terms of sections 6 of the PAJA. They can
also review by way of permissions in statutes that are specific. An infringement of the a right in the bill of rights is
also a ground that permits them to review as well.
Appeal:
An appeal can only be filed against a final decision and not against a provisional order. The courts are governed by a
provision that determines the courts power to access the requirements of an appeal, the time when the appeal
must be noted and the admin action that is being appealed.
2.5 Discuss the differences between enabling legislation and delegated legislation. [4]
Enabling legislation:
This type of legislation comes from parliament which has the power to pass laws and also provincial legislators and
it only confers to the constitution. An example is the PAJA (Laws)
Delegated legislation:
This type of delegation is also known as subordinate legislation because it is subordinate to the enabling legislation
and it must also not conflict with enabling legislation. An example would a regulation made the minister of roads
and transport. (Regulations based and centered around laws) .
QUESTION 3 [20]
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller cameciacass. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R199,00. You're not tied to anything after your purchase.
