ADL2601 ASSIGNMENT
01
FOR SECOND
SEMESTER STUDENTS
ONLY
UNIQUE NUMBER:
796578
DUE DATE: 10 AUGUST
2022 at 18h00
, Set of facts:
Ms Connie Coward, scared of the high crime rate in Heaven-on Earth Valley
where she lives, applies for a licence to possess a firearm in terms of section 14
of the Firearms Control Act 60 of 2000. The Act provides for a Designated
Firearms Officer (DFO) of a certain rank above constable stationed at a police
station (established in terms of the South African Police Services Act 68 of 1995)
to make the decision to issue a licence or not. The licence is refused by a
sergeant at the police station. Ms Coward was afforded no hearing.
Ms Coward seeks your opinion regarding her legal position.
Answer the following questions and substantiate your answers with reference
to the set of facts above where applicable.
Question 1
1.1 Explain the characteristics of the administrative-law relationship. What kind of
administrative-law relationship is in evidence in the set of facts should you find that
such a relationship is in evidence?
Provide a reason for your conclusion. [5]
An administrative-law relationship exists between two parties in an unequal /vertical
relationship. One of the subjects is a person or body clothed in state authority/organ
of state who has control over a person or body in a subordinate position whose rights
are affected by the action. Yes, an individual administrative-law relationship exists
because Ms Coward is in a subordinate position and the Designated Firearms
Officer (DFO) (state organ) has state authority. It is also worth noting that the
relationship is characterised by a situation when rules apply personally and
specifically between the parties in a subordinate position and that the relationship is
created by individual administrative decisions
01
FOR SECOND
SEMESTER STUDENTS
ONLY
UNIQUE NUMBER:
796578
DUE DATE: 10 AUGUST
2022 at 18h00
, Set of facts:
Ms Connie Coward, scared of the high crime rate in Heaven-on Earth Valley
where she lives, applies for a licence to possess a firearm in terms of section 14
of the Firearms Control Act 60 of 2000. The Act provides for a Designated
Firearms Officer (DFO) of a certain rank above constable stationed at a police
station (established in terms of the South African Police Services Act 68 of 1995)
to make the decision to issue a licence or not. The licence is refused by a
sergeant at the police station. Ms Coward was afforded no hearing.
Ms Coward seeks your opinion regarding her legal position.
Answer the following questions and substantiate your answers with reference
to the set of facts above where applicable.
Question 1
1.1 Explain the characteristics of the administrative-law relationship. What kind of
administrative-law relationship is in evidence in the set of facts should you find that
such a relationship is in evidence?
Provide a reason for your conclusion. [5]
An administrative-law relationship exists between two parties in an unequal /vertical
relationship. One of the subjects is a person or body clothed in state authority/organ
of state who has control over a person or body in a subordinate position whose rights
are affected by the action. Yes, an individual administrative-law relationship exists
because Ms Coward is in a subordinate position and the Designated Firearms
Officer (DFO) (state organ) has state authority. It is also worth noting that the
relationship is characterised by a situation when rules apply personally and
specifically between the parties in a subordinate position and that the relationship is
created by individual administrative decisions
