RRLLB81
Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
,NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
DUE DATE: __________________________
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the work
or works of other people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
5. I declare that I am aware of and accept the requirement that my work must be
submitted successfully through Turnitin for it to qualify to be marked. I accept that
a mark of 0% may be awarded if there is no Turnitin report for my submission.
FULL NAMES: ....................................................................................................
STUDENT NUMBER: ..............................................................................................
MODULE CODE: RRLLB81
DATE: ...................................................................................................................
TOPIC SELECTED: Natural Justice, Legality and Constitutionalism
MARK RECEIVED FOR ASSESSMENT 1: ..........%
MARK RECEIVED FOR ASSESSMENT 2: ..........%
, ABSTRACT
This research examines whether a statutory power allowing the Minister of Social
Development to suspend disability grants without consultation or reasons can
survive constitutional scrutiny. It considers natural justice, the principle of legality,
constitutional supremacy and the right to just administrative action. It also considers
access to social assistance and the effect of immediate suspension on dignity and
equality. The main finding is that Parliament may allocate administrative powers and
respond to genuine resource shortages, but it cannot free public power from
constitutional control. A blanket exclusion of hearing rights and written reasons
conflicts with section 33 of the Constitution and the Promotion of Administrative
Justice Act. The Minister's decision is also open to review for procedural unfairness,
irrationality and unreasonableness. The research concludes that the suspension
affecting Ms Mokoena is unlikely to be constitutionally sustainable without a fair
process, proper reasons and a rational evidential basis.
KEYWORDS
Natural justice; legality; constitutionalism; administrative justice; social assistance;
procedural fairness
Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
,NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
DUE DATE: __________________________
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the work
or works of other people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
5. I declare that I am aware of and accept the requirement that my work must be
submitted successfully through Turnitin for it to qualify to be marked. I accept that
a mark of 0% may be awarded if there is no Turnitin report for my submission.
FULL NAMES: ....................................................................................................
STUDENT NUMBER: ..............................................................................................
MODULE CODE: RRLLB81
DATE: ...................................................................................................................
TOPIC SELECTED: Natural Justice, Legality and Constitutionalism
MARK RECEIVED FOR ASSESSMENT 1: ..........%
MARK RECEIVED FOR ASSESSMENT 2: ..........%
, ABSTRACT
This research examines whether a statutory power allowing the Minister of Social
Development to suspend disability grants without consultation or reasons can
survive constitutional scrutiny. It considers natural justice, the principle of legality,
constitutional supremacy and the right to just administrative action. It also considers
access to social assistance and the effect of immediate suspension on dignity and
equality. The main finding is that Parliament may allocate administrative powers and
respond to genuine resource shortages, but it cannot free public power from
constitutional control. A blanket exclusion of hearing rights and written reasons
conflicts with section 33 of the Constitution and the Promotion of Administrative
Justice Act. The Minister's decision is also open to review for procedural unfairness,
irrationality and unreasonableness. The research concludes that the suspension
affecting Ms Mokoena is unlikely to be constitutionally sustainable without a fair
process, proper reasons and a rational evidential basis.
KEYWORDS
Natural justice; legality; constitutionalism; administrative justice; social assistance;
procedural fairness
