ADL2601 ASSESSMENT 1
SEMESTER 2 – 2022
UNIQUE NO: 796578
, Set of facts:
Ms Connie Coward, scared of the high crime rate in Heaven-on Earth Valley
where she lives, applies for a licence to possess a firearm in terms of section 14
of the Firearms Control Act 60 of 2000. The Act provides for a Designated
Firearms Officer (DFO) of a certain rank above constable stationed at a police
station (established in terms of the South African Police Services Act 68 of 1995)
to make the decision to issue a licence or not. The licence is refused by a
sergeant at the police station. Ms Coward was afforded no hearing.
Ms Coward seeks your opinion regarding her legal position.
Answer the following questions and substantiate your answers with reference
to the set of facts above where applicable.
Question 1
1.1 Explain the characteristics of the administrative-law relationship. What kind
of administrative-law relationship is in evidence in the set of facts should you
find that such a relationship is in evidence?
Provide a reason for your conclusion. [5]
Characteristic of the administrative-law relationship
(1) At least one of the legal subjects must be a person or body who exercises power.
(2) The position of power must be held by a person or body clothed with state authority,
and who is able to exercise that authority.
In this case the sergeant at the police station most certainly is clothed with authority
and has the ability to exercise power over her. The denial to issue a firearm license to
Ms Coward – affects or impinges on Ms Coward’s rights and interests (eg to receive
a firearm license so she can protect herself against crime).
The administrative law-relationship can exist between:
(1) the person who exercises authority and a private individual in the subordinate
position
SEMESTER 2 – 2022
UNIQUE NO: 796578
, Set of facts:
Ms Connie Coward, scared of the high crime rate in Heaven-on Earth Valley
where she lives, applies for a licence to possess a firearm in terms of section 14
of the Firearms Control Act 60 of 2000. The Act provides for a Designated
Firearms Officer (DFO) of a certain rank above constable stationed at a police
station (established in terms of the South African Police Services Act 68 of 1995)
to make the decision to issue a licence or not. The licence is refused by a
sergeant at the police station. Ms Coward was afforded no hearing.
Ms Coward seeks your opinion regarding her legal position.
Answer the following questions and substantiate your answers with reference
to the set of facts above where applicable.
Question 1
1.1 Explain the characteristics of the administrative-law relationship. What kind
of administrative-law relationship is in evidence in the set of facts should you
find that such a relationship is in evidence?
Provide a reason for your conclusion. [5]
Characteristic of the administrative-law relationship
(1) At least one of the legal subjects must be a person or body who exercises power.
(2) The position of power must be held by a person or body clothed with state authority,
and who is able to exercise that authority.
In this case the sergeant at the police station most certainly is clothed with authority
and has the ability to exercise power over her. The denial to issue a firearm license to
Ms Coward – affects or impinges on Ms Coward’s rights and interests (eg to receive
a firearm license so she can protect herself against crime).
The administrative law-relationship can exist between:
(1) the person who exercises authority and a private individual in the subordinate
position
