, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
TABLE OF CONTENT
TOPIC ONE: Natural Justice, Legality and Constitutionalism Page 3
TOPIC TWO: The Scope and Limits of Judicial Review under Constitutional Page 18
Supremacy
,NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF JURISPRUDENCE
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically evaluates whether the Minister's conduct under the Public Order and
Stability Act is compatible with the philosophical principles of natural justice, legality, and
constitutionalism that underpin administrative justice in South Africa. The study examines the
relationship between parliamentary authority, constitutional supremacy, and individual rights, with
particular focus on the suspension of disability grants in the district of Lusikisiki. The research
analyses the principles of natural justice, including the audi alteram partem rule and the duty to give
reasons, the principle of legality, and the constitutional framework for administrative justice under
section 33 of the Constitution and the Promotion of Administrative Justice Act 3 of 2000. It is argued
that the Minister's conduct is incompatible with the principles of natural justice, legality, and
constitutionalism, as it fails to provide affected beneficiaries with a hearing, reasons for the decision,
or any meaningful opportunity to challenge the suspension. The research concludes that legislation
authorising administrative action that violates fundamental principles of justice is unconstitutional
and that courts must strike down such legislation to protect individual rights and uphold the rule of
law.
KEYWORDS
Natural Justice; Legality; Constitutionalism; Administrative Justice; Audi Alteram Partem
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
Constitution Constitution of the Republic of South Africa, 1996
PAJA Promotion of Administrative Justice Act 3 of 2000
SALJ South African Law Journal
SCA Supreme Court of Appeal
TABLE OF CONTENT
TOPIC ONE: Natural Justice, Legality and Constitutionalism Page 3
TOPIC TWO: The Scope and Limits of Judicial Review under Constitutional Page 18
Supremacy
,NATURAL JUSTICE, LEGALITY AND CONSTITUTIONALISM
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF JURISPRUDENCE
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically evaluates whether the Minister's conduct under the Public Order and
Stability Act is compatible with the philosophical principles of natural justice, legality, and
constitutionalism that underpin administrative justice in South Africa. The study examines the
relationship between parliamentary authority, constitutional supremacy, and individual rights, with
particular focus on the suspension of disability grants in the district of Lusikisiki. The research
analyses the principles of natural justice, including the audi alteram partem rule and the duty to give
reasons, the principle of legality, and the constitutional framework for administrative justice under
section 33 of the Constitution and the Promotion of Administrative Justice Act 3 of 2000. It is argued
that the Minister's conduct is incompatible with the principles of natural justice, legality, and
constitutionalism, as it fails to provide affected beneficiaries with a hearing, reasons for the decision,
or any meaningful opportunity to challenge the suspension. The research concludes that legislation
authorising administrative action that violates fundamental principles of justice is unconstitutional
and that courts must strike down such legislation to protect individual rights and uphold the rule of
law.
KEYWORDS
Natural Justice; Legality; Constitutionalism; Administrative Justice; Audi Alteram Partem
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
Constitution Constitution of the Republic of South Africa, 1996
PAJA Promotion of Administrative Justice Act 3 of 2000
SALJ South African Law Journal
SCA Supreme Court of Appeal
