ADL2601 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 16 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

ADL2601 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 16 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) Mrs Kolosi, the primary caregiver of her minor grandchild, receives a monthly Child Support Grant (CSG) from the South African Social Grants Authority (SASGA)1. Both she and her grandchild are proud South Africans. Mrs Kolosi has over the past year been at the forefront of a community-led movement seeking to expose corruption in the grant system at SASGA and has on more than one occasion been warned that her political activities ‘may get her into trouble’. She relies on the grant as the sole source of income to ensure that her grandchild is fed and able to attend school. In early 2024, Mrs Kolosi was informed that the payment of this monthly CSG was cancelled by the Director-General of SASGA in terms of the SASGA Act2 on the basis that it had come to the attention of the Director-General of SASGA that she was ‘no longer eligible’ for a CSG (although her grandchild remains a minor). Mrs Kolosi approaches you, an attorney, for advice regarding several aspects - please advise on the following. 1. In terms of section 33 of the South African Constitution, advise Mrs Kolosi of the three requirements which administrative action must meet. [3] 1 This is a hypothetical department created solely for the purpose of this exam. 2 This is a hypothetical law created solely for the purpose of this exam. Page 8 of 9 2. Should Mrs Kolosi wish to institute legal proceedings against SASGA, what authoritative sources of law from an administrative law perspective could she rely on. [7] 3. To launch proceedings against SASGA, Mrs Kolosi would be required to demonstrate that the Director-General’s decision qualified as administrative action. Advise, Mrs Kolosi on whether the Director-General’s decision qualifies as administrative action in terms of section 1 of the Promotion of Administrative Justice Act 3 of 2000 (but it is not necessary to discuss the exclusions in the Act). [16] 4. In preparing a case against the Director-General of SASGA, list the persuasive sources of administrative law which you can use to prepare for trial. [4] 5. In the preceding fact set, identify the organ of state, and discuss the meaning of the term as defined in the Constitution of South Africa, 1996. [5] 6. If Mrs Kolosi is dissatisfied with a decision of the Director-General of SASGA, may she immediately take the matter to court? [2] 7. Are there any instances in which the courts dispense with the preceding rule in the previous question? [3] 8. Discuss how the requirement that internal remedies must be exhausted before approaching a court of law has been justified? [4] 9. Assume that no reasons were given by the Director-General to Mrs Kolosi for the cancellation of the CSG, what remedy is available to Mrs Kolosi if she is not satisfied with the lack of reasons provided by the Director-General? Answer the preceding question in terms of the relevant provision(s) of PAJA. [7] 10. Mrs Kolosi is dissatisfied with the Director-General’s decision, and she wants to know if she can challenge it. List the ways in which the legal force of administrative action can be ended? [6] 11. Discuss when administrative action needs to be procedurally fair in terms of section 3(a) of the Promotion of Administrative Justice Act 3 of 2000. [4] 12. In the context of the facts set presented above, identify the characteristics of an administrative law relationship. [3] 13. If the Director General exceeds his authority in terms of the SASGA Act, what is this known as? Discuss the meaning of this concept. [4] 14. The basis of legality is that the public administration must……… [4] 15. Identify the different forms of abuse of power by the administrator (i.e. the Director General) when exercising his powers. [4] 16. Mrs Kolosi is dissatisfied with the Director-General’s decision based on it being unreasonable, please enumerate the factors as set out by O’Regan J which are relevant to determining whether a decision is reasonable in Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 4 SA 490 (CC). [6] 17. In the context of administrative law “rules of natural justice” is the collective term for .. Please discuss. [2] Page 9 of 9 18. It is unclear to Mrs Kolosi why the Director General took a decision against her. In terms of section 33(2) of the South African Constitution, 1996 discuss which persons have a right to reasons. [3] 19. Discuss the different forms of internal control. [5] 20. Mrs Kolosi is intent on challenging the legality of the Director-General’s decision. Discuss the grounds of review of the legality of administrative action. [8] Total [100]