ADL2601 mcq questions

Question 1 “Organ of state” is defined in section … of the Constitution. 1. 1 2. 33 3. 197 4. 239 Question 2 Which of the following is a characteristic of an administrative law relationship? 1. One of the legal subjects must be an official in one of the national departments. 2. The person in the subordinate position must have been treated unfairly. 3. The organ of state forces the subordinate party to act in a certain manner. 4. The actions of the person clothed in state authority must have been unreasonable. Question 3 Which one of the following is NOT an organ of state? 1. The Constitutional Court. 2. The Department of Basic Education. 3. The municipal council of Madibeng. 4. The President as head of the national executive. Question 4 Which one of the following is NOT a binding/authoritative source of administrative law? 1. The Constitution 2. Foreign law 3. Case law 4. International law Question 5 “Administrative action” is defined in section 1 of PAJA. Which one of the following examples complies with this definition? 1. The Minister of Police decides to continue prosecuting Mrs Radebe. 2. The municipal council of Diepsloot municipality fails to address the housing shortage. 3. Justice Naidoo holds the Minister of Home Affairs accountable for failing to issue Mr Viljoen’s passport. 4. An officer in the Department of Health decides to appoint Ms Fargan as the architect to design a new state hospital. Question 6 Just administrative action is regulated in section: 1. 33 of PAJA. 2. 195(1) of PAJA. 3. 239 of the Constitution. 4. 33 of the Constitution. Question 7 2 Deconcentration is a form of delegation. Which statement refers to this form of delegation? 1. This type of delegation takes place within an internal hierarchical system where we encounter different ranks of administrators. 2. This type of delegation takes place when a senior administrator makes a decision and then instructs another administrator to implement the decision. 3. In this type of delegation the delegator transfers certain powers and activities to an independent body. 4. An example of this type of delegation is where a minister appoints a board of experts to issue licences. Question 8 The courts have been hesitant to pronounce on the reasonableness or unreasonableness of administrative action through their powers of review. Judicial intervention was permitted only when the degree of unreasonableness was so gross that something else could be inferred from it. The following court decision illustrates/supports this view: 1. Standard Bank of Bophuthatswana Limited v Reynolds 2. National Transport Commission v Chetty’s Motor Transport 3. Roman v Williams 4. Kotzé v Minister of Health Question 9 The “rules of natural justice” is a collective term for a number of common law provisions applicable to administrative inquiries and hearings. All of the following form part of the rules of natural justice EXCEPT: 1. The rule against bias or prejudice. 2. The doctrine of legitimate expectation. 3. The individual must be given an opportunity to be heard on the matter. 4. Reasons must be given by the administrator for any decision taken. Question 10 Any person whose rights have been materially and adversely affected by any administrative action may request written reasons. Which one of the following statements is correct? 1. The administrator has the discretion to provide the person affected with reasons. 2. The administrator is not obliged to provide the person with reasons if he/she acted in line with the Constitution. 3. The administrator must provide written reasons within 90 days of making his/her decision. 4. The administrator to whom the request is made is obliged to furnish adequate reasons. Question 11 Which one of the following is NOT an example of or a form of internal control? 1. The Public Protector.