ADL2601 PORTFOLIO MEMO - SEMESTER 1 - UNISA - DUE DATE :- 14 MAY 2025 - (DETAILED ANSWERS - 100% DISTINCTION)

ADL2601 PORTFOLIO MEMO - SEMESTER 1 - UNISA - DUE DATE :- 14 MAY 2025 - (DETAILED ANSWERS - 100% DISTINCTION) Case Study Mr. Khulekani Moyo (Mr. Moyo), a citizen of the Republic of Zimbabwe, has been in possession of a valid national identification document (ID) issued by the Department of Civil Registration and Citizenship (DCRC) of the Republic of South Africa. The ID is essential for his daily activities, including accessing government services, allowing him to stay in the Republic, banking, and employment in South Africa. Over the past year, Mr. Moyo, a committed social scientist, has been vocal in a public campaign criticising delays and alleged corruption within the DCRC. He has participated in community meetings and submitted formal complaints regarding inefficiencies in the department. On multiple occasions, he was warned that his activism “could create problems” for him, but nevertheless continued to do it. In early 2025, Mr. Moyo was informed via a brief email that his national ID had been revoked by the Director-General of the DCRC under the National Identification Act of ADL2601 Page 8 of 9 South Africa. The reason provided was that “new information” suggested he was “no longer eligible” to hold an ID on the basis that he could be a terrorist. No prior notice was given, and he was not afforded an opportunity to respond before the decision was made. As a result, Mr. Moyo is now unable to access essential services and is at risk of losing his employment. Moreover, he is at risk of being deported from South Africa. He has approached you, an attorney, seeking legal advice on the validity of the decision and the remedies available to him under administrative law. Please answer all the questions set out below. 1. 2. Considering the above facts, list the requirements for just administrative action as contemplated in the South African Constitution. (8) Please advise on what authoritative sources of law from an administrative law perspective could the Director-General of the DCRC rely on in support of its case, if Mr. Moyo aims to challenge the decision of the Director-General? (7) 3. Discuss the meaning and nature of judicial review and appeal in the context of administrative law. (10) 4. Does the decision by the Director-General of the DCRC to revoke the ID of Moyo amount to administrative action? In your explanation, refer to relevant case law. (15) 5. Should Mr. Moyo elect to challenge the Director-General of the DCRC decision, what persuasive sources of law could he rely on to do this? (4) 6. In the preceding example, identify the administrator, define what an administrator is in the context of administrative law, and explain what an administrator does. (5) 7. If Mr. Moyo is dissatisfied with a decision of the Director-General of the DCRC, may he immediately take the matter to court? (2) 8. If it is a principle of administrative law that internal remedies must be exhausted first before an aggrieved person can approach a South African court of law. In this context, discuss the (3) three important features which relate to this principle. (3) 9. Identify the various forms of judicial control. (6) 10. Identify the characteristics of an administrative law relationship. (3) ADL2601 Page 9 of 9 11. In the preceding case study, identify the organ of state, and discuss the meaning of an organ of state as defined in the Constitution of South Africa, 1996. (6) 12. List the overarching constitutional requirements that all administrative action must meet. (4) 13. Assume that no reasons were given by the Director-General of the DCRC to Mr. Moyo for the revocation of his ID. What remedy is available to Mr. Moyo if he 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) 14. Identify the 6 (six) ways in which the legal force of administrative action can be ended? (6) 15. Identify 10 (ten) grounds which qualify as “exceptional circumstances” when the judiciary decides that the rule that internal remedies must be exhausted first may be dispensed with. (10) 16. Identify the 2 (two) common law rules of natural justice. (2) 17. Name the (2) two types of control in administrative law. (2) Total [100]