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RRLLB81 Assignment 2 (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE 10 September 2026 - Natural Justice, Legality and Constitutionalism

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RRLLB81 Assignment 2 (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE 10 September 2026 - Natural Justice, Legality and Constitutionalism; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2..Natural Justice, Legality and Constitutionalism Background Let us assume that Parliament enacts the Public Order and Stability Act legislation, which authorises the Minister of Social Development to suspend social assistance grants in any district where government resources are considered insufficient. The Act further provides that affected beneficiaries need not be consulted before a decision is taken and that the Minister is not required to furnish reasons for the suspension of benefits. Acting under this legislation, the Minister suspends disability grants in the district of Lusikisiki, affecting thousands of beneficiaries, including Ms Thandi Mokoena, who is dependent on a disability grant for her livelihood. She is informed only through a newspaper announcement that her grant has been suspended with immediate effect. When she requests reasons for the decision, the Department refuses, relying on the empowering legislation. Critically evaluate whether the Minister’s conduct is compatible with the philosophical principles of natural justice, legality, and constitutionalism that underpin administrative justice in South Africa. In your answer, analyse the relationship between parliamentary authority, constitutional supremacy, and individual rights. 64 Cases Administrator, Transvaal v Traub 1989 (4) SA 731 (A) Minister of Water and Sanitation v Public Protector of the Republic of South Africa (27609/2019) ZAGPPHC 193 unreported Books Currie I and de Waal J, The Bill of Rights: HandBook (6th edn, Juta 2017) Guinot G (ed), Administrative Justice in South Africa (2nd end, Oxford University Press 2021) Legislation Constitution of the Republic of South Africa, 1996 Promotion of Administrative Justice Act 3 of 2000 Journal Articles Baxter LG, ‘Fairness and Natural Justice in English and South African Law’ (1979) 96 SALJ 607 Solum LB, ‘Natural Justice’ (2006) 51 American Journal of Jurisprudence 65


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Stephen Elias, Editors of Nolo Legal Research
Publisher: 2015 ISBN: 9781413321821 Edition: Unknown

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