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ADL2601 ASSIGNMENT 2 MEMO 2021 SUPER SEMESTER UNISA

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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. (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)

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ADL2601
ADMINISTRATIVE LAW
UNISA
2021

ASSIGNMENT NUMBER 1
DUE DATE:15 MARCH 2021 (DATE
EXTENDED)
TOTAL: 25 MARKS
UNIQUE NUMBER: 534338

, Semester 1

Assignment 01

Unique number: 534338



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)

An administrative-law relationship is a relationship between two or more legal subjects
in which one is a person or body who is clothed with state authority and is able to
exercise the authority over the other. The exercise of power may affect the rights
and/or interests of the person(s) in a subordinate position. It is therefore an unequal
relationship. In a general administrative-law relationship the legal rules governing the

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