ADL2601/101/3/2013
Tutorial letter 101/3/2013
Administrative Law
ADL2601
Semesters 1 & 2
Department of Public, Constitutional and
International Law
IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
CONTENTS
Page
1
INTRODUCTION ............................................................................................................................. 3
2
PURPOSE OF AND OUTCOMES FOR THE MODULE ................................................................ 4
3
LECTURER(S) AND CONTACT DETAILS .................................................................................... 5
3.1
Lecturer(s) ....................................................................................................................................... 5
3.2
Department ..................................................................................................................................... 6
3.3
University ........................................................................................................................................ 6
4
MODULE-RELATED RESOURCES ............................................................................................... 7
5
STUDENT SUPPORT SERVICES FOR THE MODULE ................................................................ 7
6
MODULE-SPECIFIC STUDY PLAN ............................................................................................... 7
7
MODULE PRACTICAL WORK AND WORK-INTEGRATED LEARNING ..................................... 8
8
ASSESSMENT ............................................................................................................................... 8
9
EXAMINATION ............................................................................................................................. 10
2
ADL2601/101
1
INTRODUCTION AND WELCOME
Dear Student
We are pleased to welcome you to this module and hope that you will find it both interesting and
rewarding. We shall do our best to make your study of this module successful. You will be well on
your way to success if you start studying early in the semester and resolve to do the assignments
properly.
You will receive a number of tutorial letters during the year. A tutorial letter is our way of
communicating with you about teaching, learning and assessment.
Tutorial Letter 101 contains important information about the scheme of work, resources and
assignments for this module. We urge you to read it carefully and to keep it at hand when working
through the study material, preparing the assignments, preparing for the examination and
addressing questions to your lecturers.
Please read Tutorial Letter 301 in combination with Tutorial Letter 101 as it gives you an idea of
generally important information when studying at a distance and within the College of Law.
Administrative law is a “core subject” in the 4-year LLB degree. There is no prescribed textbook,
but do not underestimate the content. The amount of work is the same as that in any other law
module. The module is inextricably linked to the other four compulsory modules offered in this
department, namely Constitutional Law, Fundamental Rights, Interpretation of Statutes and
General Principles of Public International Law. The modules in Constitutional Law, Fundamental
Rights and Interpretation of Statutes are crucial for a proper understanding of Administrative Law
and ideally you should have either enrolled for or have already passed these modules.
In Tutorial Letter 101, you will find the assignments and assessment criteria as well as instructions
on the preparation and submission of the assignments. This tutorial letter also provides all the
information you need with regard to the prescribed study material and other resources and how to
obtain it. Please study this information carefully and make sure that you obtain the prescribed
material as soon as possible.
We have also included certain general and administrative information about this module. Please
study this section of the tutorial letter carefully.
Right from the start we would like to point out that you must read all the tutorial letters you
receive during the semester immediately and carefully, as they always contain important and,
sometimes, urgent information.
As a student at a distance learning institution, it is important for you to interact with your lecturers
and fellow students. You can, therefore, expect us to make contact with you in study guides and
tutorial letters, which will provide you with the information you require for your studies. You can
also expect us to give you guidance with regard to the study material and feedback on your
performance (e.g. in the assignments). From your side, you must take responsibility for your
studies, which includes obtaining the necessary study material, reading your tutorial letters,
studying the prescribed study material, and completing and submitting your assignments before or
on the due dates. We hope that you will enjoy this module and wish you all the best!
3
2
PURPOSE OF AND OUTCOMES FOR THE MODULE
The purpose of this module is for students to gain knowledge, skills, attitudes and competencies to analyse
and critically evaluate legal material (in the light of the right to just administrative action) to formulate legal
arguments and to apply their knowledge to practical problems that may arise due to requirements for valid
and fair administrative action.
Outcomes-based learning rationale
The outcomes-based learning model proceeds from the premise that students should acquire certain
competencies during their studies. Those competencies refer to knowledge, skills, abilities and other
personal attributes. They should help students to achieve the learning outcomes envisaged for the module.
Once you have achieved the learning outcomes through the completion of this module, you will also be able
to apply those competencies in your work environment and other contexts in which the study topics are
relevant.
In law, there are a number of outcomes that a lawyer should achieve. One can say a student is competent if
he or she achieves these outcomes successfully. The outcomes for Administrative Law are set out under
the next subheading below.
Outcomes and Assessment Criteria for Administrative Law
Outcome 1
To gain sufficient knowledge, skill, attitudes and competencies to analyse and critically evaluate legal
material (the Constitution, legislation, case law and academic opinion) directly pertaining to Administrative
Law.
In this regard you must be able to
•
•
•
•
Identify legal problems and issues relating to administrative law in real or simulated fact scenarios.
Understand terms, rules, concepts, established principles and theories related to administrative
Law.
Demonstrate an awareness of how Administrative Law relates to cognate areas such as
Constitutional Law, Fundamental Rights and Interpretation of Statutes.
Critically analyse and synthesize legal material related to Administrative Law.
Outcome 2
To learn to formulate legal arguments and apply their knowledge to practical problems that may arise in a
constitutional state where just administrative action is a constitutionally protected right.
In this regard you will be required to
•
•
•
Solve well-defined, but familiar problems relating to administrative law using correct procedures and
appropriate evidence.
Present information and communicate reliably and coherently in professionally accepted formats
using basic information technology.
Use legal text skilfully to substantiate arguments and support solutions for specific administrative
law issues.
Administrative Law is a field of law which is growing rapidly. Its presence is felt in so many spheres of life
that a thorough knowledge (and command) of the principles and rules of this field has become absolutely
essential for every prospective and/or practising lawyer. What has contributed immensely to this
development is the (some would say unique) express acknowledgment of the right of the individual to “just
administrative action” in the 1996 Constitution of the Republic of South Africa’s Bill of Rights. The right to
just administrative action grants the individual the right to protection against unlawful administrative action.
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ADL2601/101
Furthermore, legislation has been adopted to give effect to this right – the Promotion of Administrative
Justice Act of 2000 (PAJA).
The historical development of this right is based on the abuse of executive power under the previous
constitutional dispensation. (Parliament – the legislature – was at liberty to expand executive power through
legislation. It could also, simultaneously and by way of the same legislation, exclude the judiciary's
common-law and inherent power of review to control the exercise of such power by means of the so-called
“ouster clauses”.)
The inclusion of the right to just administrative action in the Bill of Rights and the adoption of the Promotion
of Administrative Justice Act represent efforts to prevent a recurrence of this history, and to exclude the
possibility that judicial control of administrative action is handicapped by means of legislative interference.
Having stressed the importance of administrative law, it is nevertheless a moot point whether South
Africans in general are aware of the important role played by administrative law in their daily lives.
Administrative law plays an important role in the day-to-day business even of companies.
The purpose of this module is firstly to provide students with a sound understanding of the norms and
principles of administrative law. We do not advocate parrot-type learning but emphasise the need for a
proper understanding of the (often) difficult administrative-law concepts. This does not imply that you will
not have to “internalise” (to “internalise” means to make part of oneself through learning) a great deal of the
material. You must master the basic principles and mere reading-through of the content of the module, will
definitely not suffice.
Secondly, once you have mastered the principles of administrative law, you will be required to apply these
principles to actual problems encountered in everyday life.
In order to master and apply these, and indeed any other principles of law, you require skills of reading and
understanding. You must also be able to think logically and to present your written work clearly, logically
and accurately. For example, when making a statement in court an advocate must always substantiate
his/her statement by reference to the Constitution, legislation, common law, and so on.
As you progress with your studies you will see that there are a number of fundamental rules and principles
which find application on a daily basis, yet never become the focus of court action. By the end of the
semester, when you have successfully mastered the principles of administrative law, you should be able to
advise clients on a variety of administrative-law issues, such as the question whether any public activity
complies with the requirements for valid administrative action; how one may challenge invalid action; and
the remedies against invalid administrative action; and so on. We should point out, at this early stage, that
administrative law is not confined to the remedying of invalid administrative action.
3
LECTURERS AND CONTACT DETAILS
3.1
Lecturers
The lecturers for this module are as follows:
Mrs Emile Raubenheimer (Course leader)
Cas van Vuuren 7-44
E-mail address: raubee@unisa.ac.za
Telephone number: 012 429 8376
5
Dr Sue-Mari Maass
Cas van Vuuren 7-20
Telephone number: 012 429 2042
Email address: maasss@unisa.ac.za
Ms Claudia Malatsi
Cas van Vuuren 7-72
Telephone number: 012 429 2496
Email address: malatnc@unisa.ac.za
All enquiries about the content of the module and not of a purely administrative nature must be addressed
to us. Please have your study material with you when you contact us.
PLEASE NOTE:
Letters to lecturers may not be enclosed with or inserted into
assignments.
Letters should be sent to:
3.2
The Module leader (ADL2601)
Department of Public, Constitutional & International Law
PO Box 392
UNISA
0003
Department
The Department of Public, Constitutional and International Law can be contacted through:
Telephone number: 012 429 8339
Fax number: 012 429 8587
3.3
Communication with the university administration
If you need to contact the university about matters not related to the content of this module, please consult
the publication my Studies @ Unisa, which you received with your study material. This brochure contains
information on how to contact the university (e.g. to whom you can write for different queries, important
telephone and fax numbers, addresses and details of the times certain facilities are open).
How can students contact Unisa?
 Unisa website (http://www.unisa.ac.za & http://mobi.unisa.ac.za)
All study-related information is now available on the new Unisa corporate website
in both web and mobi formats.
 myUnisa (https://my.unisa.ac.za/portal & https://my.unisa.ac.za/portal/pda)
Students can access their own information via the myUnisa website or mobi site.
 E-mail (info@unisa.ac.za)
Students may send an e-mail to info@unisa.ac.za for information on how to
contact Unisa via e-mail.
 SMS (32695 - only for students in South Africa)
Students may send an SMS to 32695 for more information on how to contact
Unisa via SMS. The sender will receive an auto response SMS with the various
SMS options. The cost to the student per SMS is R1,00.
 Fax (012 429 4150)
Students will be able to fax their enquiries to 012 429 4150, whereafter it will be
distributed to and processed by the relevant department
Always have your student number ready when contacting the university.
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ADL2601/101
4
4.1
MODULE RELATED RESOURCES
Inventory letter
When you receive your study material, you will receive an inventory letter containing information about your
tutorial matter.
Check the study material you received against the inventory letter. You should have received all the items
specified in the inventory, unless there is a statement like “out of stock” or “not available”. If any item is
missing, follow the instructions on the back of the inventory letter without delay.
PLEASE NOTE:
4.2
Your lecturers cannot help you with missing study material. See par 3 above.
Study material
The tutorial material for ADL2601 consists of the following:
Þ
One guide (Administrative Law (ADL2601) contains the text of your module in administrative law).
Þ
Other tutorial letters – you received 101/3/2013 (which you are presently reading) at registration;
you will receive the rest of these (eg 201/2/2013) during the semester. Tutorial letter 301 is a
general tutorial letter to all students in the College of Law.
Þ
If you have access to the internet, you can view the study guides and tutorial letters for the modules
for which you are registered on the university’s online campus, myUnisa, at http://my.unisa.ac.za
4.3
Prescribed material
The Constitution of the Republic of South Africa, 1996
You will also need a copy of the Constitution for the modules Constitutional Law, Fundamental Rights and
Interpretation of Statutes. You may order a copy of the Constitution from The Government Printer,
Publication Section, Private Bag X85, PRETORIA 0001 (tel: 012 334 4500 or fax: 012 323 0009). The
price is R5.00 plus postage.
[Note that the Constitution may be accessed via http//:www.saflii.org as well (Saflii is the
acronym used for the Southern African legal information institute)]
There is NO PRESCRIBED TEXTBOOK for ADL2601. This means that you do not have to buy any
additional books for ADL2601. You need only study your study guide and the tutorial letters.
5
STUDENT SUPPORT SERVICES FOR THE MODULE
The important information available to you in the publication my Studies @ Unisa that you received
with your study material cannot be over emphasised.
Please familiarise yourself thoroughly with all the support services in this publication.
6
MODULE SPECIFIC STUDY PLAN
Refer to the my Studies @ Unisa brochure for general time management and planning skills.
7
7
MODULE PRACTICAL WORK AND WORK INTEGRATED LEARNING
There is no practical work for this module.
8
ASSESSMENT
8.1
Assessment plan
For general information and requirements as far as assignments are concerned, see the brochure
my Studies @ Unisa which you received with your study material.
Assignments are seen as part of the necessary learning material for this module. As you do the
assignment, study the reading texts, consult other resources, discuss the work with fellow students
or tutors or do research, you are actively engaged in learning. Looking at the assessment criteria
given for each assignment will help you to understand what is required of you more clearly.
In some cases, additional assessment might be available on the myUnisa site for your module. For
students attending tutorial sessions, tutors may also set additional tasks and give feedback in
class.
8.2
Examination admission
Two assignments have been set for each semester which are both compulsory. Both must be
submitted. The first assignment will gain you admission to the examination, but both will
count towards your year mark.
8.3
How will this work in practice?
8.3.1
The compulsory assignments and the year mark
The compulsory assignments will count 20% towards a student’s final mark for the module, 10%
for the first assignment and 10% for the second assignment. However you must obtain a
subminimum of 40% in the examination, before the year mark is included in your
examination mark.
8.3.2
The compulsory assignments and admission to the examination
All students who submit the properly attempted compulsory assignments in time (before or on
the date of submission), will be admitted to the examination, regardless of the marks obtained for
the assignments. In other words, a student who submitted the compulsory assignment 1 but
obtained 0%, will be allowed to sit for the examination. Such a student will, however, not have a
year mark, unless marks are obtained for the second assignment. Students who do not submit
compulsory assignment 1 before or on the due date will not receive admission to write the
examination.
8.4
General assignment numbers
Assignments are numbered consecutively per module, starting from 01.
8.4.1
Unique assignment numbers
See the annexure to this tutorial letter for the unique numbers for each assignment.
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ADL2601/101
8.4.2
8.5
Due dates of assignments
First semester:
ASSIGNMENT 01: 11 MARCH 2013
ASSIGNMENT 02: 15 APRIL 2013
Second semester:
ASSIGNMENT 01: 30 AUGUST 2013
ASSIGNMENT 02: 30 SEPTEMBER 2013
Submission of assignments
Assignments should be addressed to:
The Registrar
PO Box 392
Unisa
0003
You may submit written assignments and assignments done on mark-reading sheets either by
post or electronically via myUnisa. Assignments may not be submitted by fax or e-mail. For
detailed information and requirements as far as assignments are concerned, see the brochure my
Studies @ unisa that you received with your study material.
PLEASE NOTE: Enquiries about assignments (e.g. whether or not the University has received your
assignment or the date on which an assignment was returned to you) must not be addressed to the
lecturers. You may find information on myUnisa. To go to the myUnisa website, start at the main
Unisa website, http://www.unisa.ac.za, and then click on the ‘login to myUnisa’ link under the
myUnisa heading on the screen. This should take you to the myUnisa website. You can also go
there directly by typing in http://my.unisa.ac.za.
8.6
Commentaries and feedback on assignments
You will receive the correct answers automatically for multiple-choice questions. For written assignments,
markers will comment constructively on your work. However, commentaries on compulsory assignments
will be sent to all students registered for this module in a follow-up tutorial letter, and not only to those
students who submitted the assignments. The tutorial letter number will be 201, 202, etc.
As soon as you have received the commentaries, please check your answers. The assignments and the
commentaries on these assignments constitute an important part of your learning and should help you to be
better prepared for the next assignment and the examination.
Additional work set by tutors will be discussed in class.
8.7
Assignments
For your convenience the assignments are attached to this tutorial letter.
Annexure 1 contains the compulsory assignments for the first semester. Assignment 01 is a written
assignment, therefore no mark reading sheet is enclosed. Complete the assignment, enclose the
assignment in the official assignment cover and mail it to the Assignment Section in the Unisa assignment
envelope. Your assignment may also be submitted electronically. Follow the MyUnisa directions. Under no
circumstances must you send your assignment directly to your lecturers.
9
Complete assignment 02 as indicated, on the mark reading sheet enclosed, enclose the assignment in the
official assignment cover and mail it to the Assignment Section in the Unisa assignment envelope. Your
assignment may also be submitted electronically. Follow the MyUnisa directions. Under no circumstances
must you send your assignment directly to your lecturers. The assignment will be marked
electronically.
Annexure 2 contains the compulsory assignments for the second semester. Assignment 01 is a written
assignment, therefore no mark reading sheet is enclosed. Complete the assignment, enclose the
assignment in the official assignment cover and mail it to the Assignment Section in the Unisa assignment
envelope. Your assignment may also be submitted electronically. Follow the MyUnisa directions. Under no
circumstances must you send your assignment directly to your lecturers.
Fill in the mark reading sheet for Assignment 02, enclose the assignment in the official assignment cover
and mail it to the Assignment Section in the Unisa assignment envelope. Your assignment may also be
submitted electronically. Follow the MyUnisa directions. Under no circumstances must you send your
assignment directly to your lecturers. The assignment will be marked electronically.
VERY IMPORTANT!!!
Þ
Full references (cases, articles, textbooks) should be given in assignments.
Þ
Always make a copy of the assignments before submitting it, in case there are
queries about it later.
Please note: Although students may work together when preparing assignments, each student
must write and submit his or her own individual assignment. In other words, you must submit
your own ideas in your own words, sometimes interspersing relevant short quotations that are
properly referenced. It is unacceptable for students to submit identical assignments on the basis
that they worked together. That is copying (a form of plagiarism) and none of these assignments
will be marked. Furthermore, you may be penalised or subjected to disciplinary proceedings by
the University.
Plagiarism is “theft” - you are stealing someone else's ideas OR THE WAY THEY HAVE
EXPRESSED THESE IDEAS!! In other words, if you choose to write out the study guide in your
answer to an assignment, this is NOT your work – it’s the author’s and YOU WILL GET NO MARKS
FOR THIS. The only way that this is acceptable (and then only if it is a short phrase) is if you put
our words which you choose to copy in inverted commas ["..."].Think about it - we want to know
what YOU know/think, not what we think (we generally know that in any event).
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9.1
EXAMINATIONS
Examination period
This module is offered in a semester period of fifteen weeks. This means that if you are registered
for the first semester, you will write the examination in May/June 2013 and the supplementary
examination will be written in October/ November 2013. If you are registered for the second
semester you will write the examination in October/November 2013 and the supplementary
examination will be written in May/June 2014.
During the course of the semester, the Examination Section will provide you with information
regarding the examination in general, examination venues, examination dates and examination
times.
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9.2
Previous examination papers
Some previous examination papers are posted on myUnisa. A previous examination paper will be
discussed in the second tutorial letter.
9.3
Tutorial letter with information on the examination
To help you in your preparation for the examination, you will receive a tutorial letter that will explain
the format of the examination paper and set out clearly what material you have to study for
examination purposes.
At the end of the semester you will write one two-hour paper that counts 100 marks. To be
admitted to the exam you must submit the compulsory assignment. To pass you need to obtain at
least 50 percent for the paper.
We hope that you will enjoy this module and wish you success with your studies. Please contact
us if you encounter any problems or difficulties.
Mrs Emile Raubenheimer
Dr Sue-Mari Maass
Ms Claudia Malatsi
012 429 8376
012 429 2042
012 429 2496
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Annexure 1
COMPULSORY ASSIGNMENTS
(First Semester)
ASSIGNMENT 01
Due date: 11 March 2013 – no extensions!
1. Your unique number is: 235067
2. This number should appear on your assignment cover.
The MEC for Roads and Transport, the appointed representative in control of the Department of
Roads and Transport in the Gauteng Province, decides to close all taxi routes and the portion of
the taxi ranks operated by the Witwatersrand African Taxi Owners Association (WATA). The MEC
plans to introduce a new bus service system, which has commonly become known as the Bus
Rapid System (BRT). The purpose of the BRT is to improve public transport in the Gauteng
Province. WATA is aggrieved by the decision of the MEC and points out that the BTR can be
implemented on other routes where no form of transport is available and, furthermore, that the
consequence would be that its 1 200 members would be without jobs. WATA has persistently tried
to make these representations to the MEC. The MEC has refused to receive their representations
and has made no attempt to give reasons for the decision to close all taxi routes and the portion of
the taxi ranks operated by WATA.
WATA contacts you. Advise WATA on the following and give well-substantiated reasons for
your answer.
Does the decision to close all taxi routes and the portion of the taxi ranks operated by WATA
constitute procedurally fair administrative action in terms of PAJA?
[20]
ASSIGNMENT 02
Due date: 15 April 2013 – no extensions!
1.
2.
Your unique number is 255430
This number must appear on your mark reading sheet cover.
Instructions:
1.
2.
3.
Your answer must be completed on a Unisa mark-reading sheet.
There are twelve questions. Each question is provided with a number of options as possible
answers. Only one option/statement in each question is correct. You must, therefore,
identify the correct option and mark only one of the squares (options) in respect of each
question. If you mark more than one square in respect of a specific question, you will
receive no mark for the answer to that question.
The questions cover study units 1-12 of the study guide.
Marking of the assignment
1.
2.
12
Each answer carries one mark.
No mark will be awarded for an incorrect answer.
ADL2601/101
3.
4.
No mark will be awarded for an unanswered question.
The assignment is not marked negatively, that is, marks will not be deducted for incorrect
answers.
Question 1
“Organ of state” is defined in section … of the Constitution.
1.
2.
3.
4.
1
33
197
239
Question 2
Which of the following is a characteristic of an administrative law relationship?
1.
2.
3.
4.
One of the legal subjects must be an official in one of the national departments.
The person in the subordinate position must have been treated unfairly.
The organ of state forces the subordinate party to act in a certain manner.
The actions of the person clothed in state authority must have been unreasonable.
Question 3
Which one of the following is NOT an organ of state?
1.
2.
3.
4.
The Constitutional Court.
The Department of Basic Education.
The municipal council of Madibeng.
The President as head of the national executive.
Question 4
Which one of the following is NOT a binding/authoritative source of administrative law?
1.
2.
3.
4.
The Constitution
Foreign law
Case law
International law
Question 5
“Administrative action” is defined in section 1 of PAJA. Which one of the following examples
complies with this definition?
1.
2.
The Minister of Police decides to continue prosecuting Mrs Radebe.
The municipal council of Diepsloot municipality fails to address the housing shortage.
13
3.
4.
Justice Naidoo holds the Minister of Home Affairs accountable for failing to issue Mr
Viljoen’s passport.
An officer in the Department of Health decides to appoint Ms Fargan as the architect to
design a new state hospital.
Question 6
Just administrative action is regulated in section:
1.
2.
3.
4.
33 of PAJA.
195(1) of PAJA.
239 of the Constitution.
33 of the Constitution.
Question 7
Deconcentration is a form of delegation. Which statement refers to this form of delegation?
1.
2.
3.
4.
This type of delegation takes place within an internal hierarchical system where we
encounter different ranks of administrators.
This type of delegation takes place when a senior administrator makes a decision and then
instructs another administrator to implement the decision.
In this type of delegation the delegator transfers certain powers and activities to an
independent body.
An example of this type of delegation is where a minister appoints a board of experts to
issue licences.
Question 8
The courts have been hesitant to pronounce on the reasonableness or unreasonableness of
administrative action through their powers of review. Judicial intervention was permitted only when
the degree of unreasonableness was so gross that something else could be inferred from it. The
following court decision illustrates/supports this view:
1.
2.
3.
4.
Standard Bank of Bophuthatswana Limited v Reynolds
National Transport Commission v Chetty’s Motor Transport
Roman v Williams
Kotzé v Minister of Health
Question 9
The “rules of natural justice” is a collective term for a number of common law provisions applicable
to administrative inquiries and hearings. All of the following form part of the rules of natural justice
EXCEPT:
1.
2.
3.
4.
14
The rule against bias or prejudice.
The doctrine of legitimate expectation.
The individual must be given an opportunity to be heard on the matter.
Reasons must be given by the administrator for any decision taken.
ADL2601/101
Question 10
Any person whose rights have been materially and adversely affected by any administrative action
may request written reasons. Which one of the following statements is correct?
1.
2.
3.
4.
The administrator has the discretion to provide the person affected with reasons.
The administrator is not obliged to provide the person with reasons if he/she acted in line
with the Constitution.
The administrator must provide written reasons within 90 days of making his/her decision.
The administrator to whom the request is made is obliged to furnish adequate reasons.
Question 11
Which one of the following is NOT an example of or a form of internal control?
1.
2.
3.
4.
The Public Protector.
Parliamentary enquiries.
Judicial review.
Chapter 9 (of the Constitution) institutions.
Question 12
Which one of the following is NOT a ground for judicial review in terms of section 6 of PAJA?
1.
2.
3.
4.
The action was materially influenced by an error of law.
The administrator acted in accordance with provisions relating to time.
The action was taken for unauthorised reasons.
The action contravenes the law.
[12]
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SELF-EVALUATION ASSIGNMENT
You are set this assignment for the purposes of examination revision. It would be a
good exercise for examination preparation to spend time doing it carefully.
DO NOT SUBMIT THIS ASSIGNMENT
Mr News Ncube is a journalism student at the Knowledge University. He wrote an article which
was carried by the university’s newspaper, The Truth. The article alleged that drug use and
prostitution were rife, not only in the university’s humanities faculty, but on the campus as well.
Matters were made worse by the fact that the university authorities openly accepted the situation
and did nothing about it. Mr Ncube is notified by letter signed by a director of the national
Department of Education that he is summarily expelled from the university. Mr Ncube feels that he
should at least have been granted the opportunity to defend himself at a hearing before his
expulsion.
Mr Ncube approaches you to advise him on the following question. Give reasons for all
your answers.
Does the summary expulsion of Mr Ncube without being given any opportunity to be heard before
the decision was taken, constitute just administrative action? Take all the requirements for just
administrative action as set out in s 33 of the Republic of South Africa Constitution, 1996 into
consideration.
[50]
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Annexure 2
COMPULSORY ASSIGNMENT
(Second Semester)
ASSIGNMENT 01
Due date: 30 August 2013 – no extensions!
1. Your unique number is: 895522
2. This number should appear on your assignment cover.
The MEC for Roads and Transport, the appointed representative in control of the Department of
Roads and Transport in the Gauteng Province, decides to close all taxi routes and the portion of
the taxi ranks operated by the Witwatersrand African Taxi Owners Association (WATA). The MEC
plans to introduce a new bus service system, which has commonly become known as the Bus
Rapid System (BRT). The purpose of the BRT is to improve public transport in the Gauteng
Province. WATA is aggrieved by the decision of the MEC and points out that the BTR can be
implemented on other routes where no form of transport is available and, furthermore, that the
consequence would be that its 1 200 members would be without jobs. WATA has persistently tried
to make these representations to the MEC. The MEC has refused to receive their representations
and has made no attempt to give reasons for the decision to close all taxi routes and the portion of
the taxi ranks operated by WATA.
WATA contacts you. Advise WATA on the following and give well-substantiated reasons for
your answer.
Was WATA entitled to reasons? Discuss fully with reference to PAJA, including whether reasons
are important or not and why.
[20]
ASSIGNMENT 02
Due date: 30 September 2013 – no extensions!
1.
2.
Your unique number is: 848517
This number must appear on your mark reading sheet cover.
Instructions:
1.
2.
Your answer must be completed on a Unisa mark-reading sheet.
There are twelve questions. Each question is provided with a number of options as possible
answers. Only one option/statement in each question is correct. You must, therefore,
identify the correct option and mark only one of the squares (options) in respect of each
question. If you mark more than one square in respect of a specific question, you will
receive no mark for the answer to that question.
3.
The questions cover study units 1-12 of the study guide.
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Marking of the assignment
Each answer carries one mark.
No mark will be awarded for an incorrect answer.
3.
No mark will be awarded for an unanswered question.
4.
The assignment is not marked negatively, that is, marks will not be deducted for incorrect
answers.
Question 1
The concept “organ of state” is defined in the Constitution. Which one of the following is NOT
included in the definition?
1.
2.
3.
4.
Any department of state or administration in the national, provincial or local sphere of
government.
Any functionary that exercises a power or performs a function in terms of the Constitution.
Any judicial officer that exercises a public power or performs a public function in terms of
the Constitution.
Any institution that exercises a public power or performs a public function in terms of any
legislation.
Question 2
A general administrative law relationship is created, changed or ended by …, that is by general
means.
1.
2.
3.
4.
legislation
judicial decision
any organ of state
the authorised organ of state
Question 3
Which one of the following is NOT an organ of state?
1.
2.
3.
4.
The University of Cape Town.
The Deputy President.
The Premier of Gauteng.
The Madibeng sports club.
Question 4
An Act of Parliament that complements the provisions of the Constitution and that is crucial to
administrative law as well, is the:
1.
Promotion of Access to Information Act 2 of 2000
2.
Prevention of Administrative Justice Act 3 of 2000
3.
Preferential Procurement Policy Framework Act 5 of 2000
4.
Public Service Act 103 of 1994
Question 5
When do “true” administrative acts take effect?
1.
2.
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Once the regulation is promulgated.
As soon as the individual is notified.
ADL2601/101
3.
4.
Once a judge confirms the administrator’s decision.
As soon as the administrator takes the decision.
Question 6
Just administrative action is aimed at preventing organs of state, public institutions and
functionaries, as well as natural and juristic persons – administrators – from abusing or misusing
their power in their dealings with an individual who is in a subordinate position. Hence the
constitutional demand that administrative action must be performed: ...
1.
2.
3.
4.
proportionally, legitimately and in a democratic manner.
lawfully, reasonably and in a procedurally fair manner.
timely, cost-effectively and in a transparent manner.
effectively, reliably and in a sensible manner.
Question 7
The right to lawful administrative action has been expressly guaranteed by the Constitution in
section 33(1). Some writers are of the opinion that this provision is superfluous for a number of
reasons. All of the following are reasons for superfluity, EXCEPT:
1.
2.
3.
4.
this provision is a restatement of the requirement of legality that all administrative actions
must comply with all the rules and principles set by the law
this provision is redundant as one of the most important principles underpinning any
democratic state is that all organs of state must comply with all law
this provision is unnecessary as the key principle of administrative law – and the rule of law
in general – is that any exercise of power must be authorised by law
this provision serves as a guarantee to prevent and to prohibit the adoption of any laws that
will exclude judicial control over administrative action
Question 8
PAJA gives effect to the right to reasonable administrative action by giving an individual the
capacity to institute proceedings in a court or a tribunal for judicial review of an administrative
action on the ground that:
"The exercise of the power or the performance of the function authorised by the empowering provision, in
pursuance of which the administrative action was purportedly taken, is so unreasonable that no reasonable
person could have so exercised the power or performed the function". (s 6(2)(h))
Which statement describes s 6(2)(h) accurately?
1.
2.
3.
4.
The wording of s 6(2)(h) refers to the subjective state of mind of the administrator and reintroduces gross unreasonableness.
The wording of s 6(2)(h) means that courts would only be able to review really bad
instances of unreasonableness.
The wording of s 6(2)(h) refers to the traditional approach to reasonableness.
The wording of s 6(2)(h) refers to administrative action that can be reviewed, if it is an
administrative decision that a reasonable decision-maker could not reach.
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Question 9
In Administrator, Transvaal v Traub the appeal court decided a number of salient points. All of the
following form part of the judgment, EXCEPT:
1.
2.
3.
4.
the applicability of the rules of natural justice where the affected party has no vested right
the right to a fair hearing before a decision is taken where the affected party has no vested
right
the right to receive written reasons for a decision taken
the recognition of the doctrine of legitimate expectation
Question 10
In what circumstances may the minister identify a group of administrative actions in respect of
which the administrator must automatically furnish reasons?
1.
2.
3.
4.
When the court specifies that the minister may do so.
When a large group of individuals is negatively and adversely affected by the administrative
action.
When the administrator requests the minister to do so.
When it will be more time and cost efficient as a result of the nature of administrative action
taken.
Question 11
Which one of the following is NOT an example or form of internal control?
1.
2.
3.
4.
An interdict.
Internal appeal.
Tabling of reports by ministers.
The South African Human Rights Commission.
Question 12
Which one of the following is NOT a ground for judicial review in terms of section 6 of PAJA?
1.
2.
3.
4.
The action taken is not rationally connected to the purpose of the empowering provision.
The administrator acted in accordance with provisions relating to time.
The action did not comply with the formal requirements relating to administrative action.
The administrator exceeded the geographical limits of the powers conferred.
[12]
You are set this assignment for the purposes of examination revision. It would be a
good exercise for examination preparation to spend time doing it carefully.
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ADL2601/101
SELF-EVALUATION ASSIGNMENT
DO NOT SUBMIT THIS ASSIGNMENT
Mr News Ncube is a journalism student at the Knowledge University. He wrote an article which
was carried by the university’s newspaper, The Truth. The article alleged that drug use and
prostitution were rife, not only in the university’s humanities faculty, but on the campus as well.
Matters were made worse by the fact that the university authorities openly accepted the situation
and did nothing about it. Mr Ncube is notified by letter signed by a director of the national
Department of Education that he is summarily expelled from the university. Mr Ncube feels that he
should at least have been granted the opportunity to defend himself at a hearing before his
expulsion.
Mr Ncube approaches you to advise him on the following question. Give reasons for all
your answers.
Does the summary expulsion of Mr Ncube without being given any opportunity to be heard before
the decision was taken, constitute just administrative action? Take all the requirements for just
administrative action as set out in s 33 of the Republic of South Africa Constitution, 1996 into
consideration.
[50]
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