Adl2601 Exam Pack

THE OCTOBER/NOVEMBER 2013 EXAMINATION PAPER Question 1 Mr Nkosi is the proud owner of a wine farm (commonly known as Blue Hills), which is situated in Constantia. On 1 October 2013 Mr Nkosi received a notice of expropriation in terms of section 7 of the Expropriation Act 63 of 1975 from the Minister of Public Works stating the following: - The whole of erven 711 (commonly referred to as Blue Hills) will be expropriated - The proposed date of expropriation is 1 December 2013 - The offered amount of compensation is R500 000 Mr Nkosi is aware of the fact that the Minister of Public Works does have the power to expropriate his property – this is clear in terms of section 2 of the Expropriation of 63 of 1975 – which states that the Minister may expropriate property for public purposes. However, Mr Nkosi is unaware of the reasons for the proposed expropriation. He was also not informed why the whole of his property should be expropriated. In addition, the market value of Blue Hills was estimated in October 2013 to be R20 million. Answer the following questions and substantiate your answers. QUESTION 1 1.1 Define “organ of state” with reference to the Constitution. Is there an organ of state in the set of facts? Give a reason for your answer. (8) © 2016Together We Pass. All rights reserved. pg. 2 Organ of state is defined in section 239 of the Constitution and includes (a) any department of state or administration in the national, provincial or local sphere of government; or any other functionary or institution that (i) exercises a power or performs a function in terms of the Constitution or a provincial constitution; or (ii) exercises a public power or performs a public function in terms of any legislation. However, a court or a judicial officer is not included. Yes, the Minister is an organ of state, since he is an official acting on behalf of the Department of Public Works. He is exercising a public power in terms of legislation 1.2 Is there a general administrative-law relationship present in the set of facts? Give a brief reason for your answer. (3) No, there is an individual administrative-law relationship, because the Minister’s decision only applies to Mr Nkosi and the relationship was created by an individual administrative decision. In an individual administrative-law relationship legal rules apply personally and specifically between the parties. In other words, the legal rules apply to specifically identifiable legal subjects. The content of the individual relationship will vary from case to case. Individual relationships are created by individual administrative decisions. Furthermore, individual relationships are not affected by new general legislative provisions, unless the amending Act specifically states that it affects the relationship. 1.3 List two binding sources of administrative law. (2) Any two of the following: - The Constitution - Legislation (PAJA) - Case law - Common law - Administrative practice/custom or usage 1.4 Is administrative action in evidence in the set of facts? In your answer, you should give a full definition of the concept “administrative action” with reference to the provisions of the Promotion of Administrative Justice Act (PAJA) 3 of 2000. (1