ADL2601
ASSIGNMENT
01SOLUTIONS,
SEMESTER 2, 2022
, Stuvia.com - The study-notes marketplace
QUESTION 1
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.
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.
An administrative-law relationship exists between two parties in an unequal /vertical
relationship. One of the subjects is a person or body clothed in state authority/organ
of state who is able to exercise that authority over a person or body in a subordinate
position whose rights are affected by the action.
Yes, an individual administrative-law relationship is in evidence since Ms Coward in a
subordinate position and the Designated Firearms Officer (DFO) (organ of state) is in
a position of state authority.
It is also important to note that the relationship is characterised by a situation when
rules apply personally and specifically between the parties in a subordinate position
and that the relationship is created by individual administrative decisions.
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ASSIGNMENT
01SOLUTIONS,
SEMESTER 2, 2022
, Stuvia.com - The study-notes marketplace
QUESTION 1
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.
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.
An administrative-law relationship exists between two parties in an unequal /vertical
relationship. One of the subjects is a person or body clothed in state authority/organ
of state who is able to exercise that authority over a person or body in a subordinate
position whose rights are affected by the action.
Yes, an individual administrative-law relationship is in evidence since Ms Coward in a
subordinate position and the Designated Firearms Officer (DFO) (organ of state) is in
a position of state authority.
It is also important to note that the relationship is characterised by a situation when
rules apply personally and specifically between the parties in a subordinate position
and that the relationship is created by individual administrative decisions.
This study source was downloaded by 100000853795073 from CourseHero.com on 10-15-2022 16:37:42 GMT -05:00
Downloaded by: M | M
Distribution of this document is illegal
https://www.coursehero.com/file/166557647/Stuvia-729037-adl2601-assignment-01-solutions-semester-2-2022pdf/
