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ADL2601 Assignment 1 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

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Well-structured ADL2601 Assignment 1 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)... Questions 1. Discuss the meaning and nature of judicial review and appeal in the context of administrative law. ios2601 [10] mrl2601 2. Discuss the (4) four important rules which apply to deconcentration as a specific form of delegation. csl2601 ind2601 [8] 3. Discuss the concept of ultra virus in the context of admin law and its use. [2 fur2601 leg2601

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ADL2601
Assignment 1 Semester 1 2025
Unique Number:
Due Date: 2025
SECTION A: CONTENT-BASED QUESTIONS

QUESTION 1



1.1 Critical Literacy



Critical literacy is the ability to read, interpret, and analyze texts beyond their surface
meaning. It involves understanding the deeper layers of meaning, recognizing the power of
language, and being aware of how words can be used to influence, persuade, or
manipulate. It also includes questioning the context in which language is used and
identifying possible biases or hidden messages.




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QUESTION 1 (2 ANSWERS PROVIDED)

In South African administrative law, judicial review and appeal serve distinct yet
complementary functions in ensuring administrative justice.

Judicial review focuses on the legality or validity of an administrative decision. It
examines whether the decision-maker acted within the scope of their lawful authority
and followed fair procedures when arriving at the decision. Under the Constitution
and the Promotion of Administrative Justice Act 3 of 2000 (PAJA), courts enjoy
inherent review jurisdiction, allowing them to scrutinize all administrative action for
compliance with legal requirements such as lawfulness, procedural fairness, and
reasonableness. Judicial review thus looks at the process rather than the merits of
the decision. It may go beyond the initial record to detect any procedural
irregularities, bias, or unauthorized action. If a court finds a decision unlawful, it can
grant an appropriate remedy, which could involve setting aside the decision or
remitting the matter for reconsideration.

By contrast, an appeal in administrative law is statutory in nature. Courts in South
Africa do not possess inherent appeal jurisdiction; an appeal may be brought only if
a statute empowers a court to hear it. The enabling Act will prescribe the scope and
grounds for such an appeal, including whether it pertains to questions of fact,
questions of law, or both. An appeal is a rehearing limited to the existing record of
proceedings. Crucially, it allows the court to assess whether the decision was correct
on the merits—whether the administrator’s findings of fact and conclusions of law
were right or wrong.

In essence, judicial review safeguards the rule of law and due process by ensuring
decision-makers act within the bounds of their authority, while appeal provides a
mechanism for scrutinizing the substance of decisions when authorized by statute.
Both remedies aim to uphold administrative justice, albeit through different legal
lenses.



OR

In the context of administrative law in South Africa, both judicial review and statutory
appeal play distinct roles in ensuring the accountability and legality of administrative

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Publisher: 2007 ISBN: 9780702176715 Edition: Unknown

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