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ADL2601 ASSIGNMENT 1&2
2021
, Set of facts
The Minister of Transport decides to close all taxi routes and the portion of the taxi
ranks operated by the Mangaung Taxi Association (MTA). The Minister plans to
introduce a new bus service system, which has commonly become known as the Batho
Pele (BP). The purpose of the BP is to improve public transport in the North West
Province. MTA is aggrieved by the decision of the Minister and points out that the BP
can be implemented on other routes where no form of transport is available and
furthermore that the consequence would be that its 900 members would be without
jobs. MTA has persistently tried to make these representations to the Minister. The
Minister 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 MTA.
MTA contacts you. Advise MTA on the following and give well-substantiated reasons
for all your answers.
Question 1
(a) Briefly explain what an administrative-law relationship is. Do you think MTA is a
subject of an administrative-law relationship? (7)
(b) Identify the organs of state in the set of facts and substantiate your answer with
reference to the definition of “organ of state” as provided in the Constitution. (5)
(c) Does the decision to close all taxi routes and the portion of the taxi ranks operated
by MTA constitute procedurally fair administrative action in terms of PAJA? (7)
(d) Explain the concept of proportionality with reference to the reasonableness of the
decision to close all taxi routes and the portion of the taxi ranks operated by MTA. (6)
ADL2601 ASSIGNMENT 1&2
2021
, Set of facts
The Minister of Transport decides to close all taxi routes and the portion of the taxi
ranks operated by the Mangaung Taxi Association (MTA). The Minister plans to
introduce a new bus service system, which has commonly become known as the Batho
Pele (BP). The purpose of the BP is to improve public transport in the North West
Province. MTA is aggrieved by the decision of the Minister and points out that the BP
can be implemented on other routes where no form of transport is available and
furthermore that the consequence would be that its 900 members would be without
jobs. MTA has persistently tried to make these representations to the Minister. The
Minister 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 MTA.
MTA contacts you. Advise MTA on the following and give well-substantiated reasons
for all your answers.
Question 1
(a) Briefly explain what an administrative-law relationship is. Do you think MTA is a
subject of an administrative-law relationship? (7)
(b) Identify the organs of state in the set of facts and substantiate your answer with
reference to the definition of “organ of state” as provided in the Constitution. (5)
(c) Does the decision to close all taxi routes and the portion of the taxi ranks operated
by MTA constitute procedurally fair administrative action in terms of PAJA? (7)
(d) Explain the concept of proportionality with reference to the reasonableness of the
decision to close all taxi routes and the portion of the taxi ranks operated by MTA. (6)
