ADL2601 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 16 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
Mrs Kolosi, the primary caregiver of her minor grandchild, receives a monthly Child Support Grant
(CSG) from the South African Social Grants Authorit...
Mrs Kolosi, the primary caregiver of her minor grandchild, receives a monthly
Child Support Grant (CSG) from the South African Social Grants Authority
(SASGA)
1. Both she and her grandchild are proud South Africans. Mrs Kolosi has over
the past year been at the forefront of a community-led movement seeking to
expose corruption in the grant system at SASGA and has on more than one
occasion been warned that her political activities ‘may get her into trouble’. She
relies on the grant as the sole source of income to ensure that her grandchild is
fed and able to attend school.
2. Should Mrs Kolosi wish to institute legal proceedings against SASGA, what
authoritative sources of law from an administrative law perspective could she
rely on. [7]
, 3. To launch proceedings against SASGA, Mrs Kolosi would be required to
demonstrate that the Director-General’s decision qualified as administrative
action. Advise, Mrs Kolosi on whether the Director-General’s decision qualifies
as administrative action in terms of section 1 of the Promotion of Administrative
Justice Act 3 of 2000 (but it is not necessary to discuss the exclusions in the
Act). [16]
4. In preparing a case against the Director-General of SASGA, list the persuasive
sources of administrative law which you can use to prepare for trial. [4]
5. In the preceding fact set, identify the organ of state, and discuss the meaning
of the term as defined in the Constitution of South Africa, 1996. [5]
6. If Mrs Kolosi is dissatisfied with a decision of the Director-General of SASGA,
may she immediately take the matter to court? [2]
7. Are there any instances in which the courts dispense with the preceding rule
in the previous question? [3]
8. Discuss how the requirement that internal remedies must be exhausted
before approaching a court of law has been justified? [4]
9. Assume that no reasons were given by the Director-General to Mrs Kolosi for
the cancellation of the CSG, what remedy is available to Mrs Kolosi if she is not
satisfied with the lack of reasons provided by the Director-General? Answer the
preceding question in terms of the relevant provision(s) of PAJA. [7]
10. Mrs Kolosi is dissatisfied with the Director-General’s decision, and she
wants to know if she can challenge it. List the ways in which the legal force of
administrative action can be ended? [6]
11. Discuss when administrative action needs to be procedurally fair in terms of
section 3(a) of the Promotion of Administrative Justice Act 3 of 2000. [4]
12. In the context of the facts set presented above, identify the characteristics
of an administrative law relationship. [3]
13. If the Director General exceeds his authority in terms of the SASGA Act, what
is this known as? Discuss the meaning of this concept. [4]
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