1
ADMINISTRATIVE LAW
ADL2601
SOLUTIONS FOR PAST EXAM PAPERS
TABLE OF CONTENTS
Q: PAPER PAGE
OCT/NOV 2018 3
MAY/JUNE 2018 8
OCT/NOV 2017 15
MAY/JUNE 2017 27
OCT/NOV 2016 32
OCT/NOV 2015 39
1
,2
ADL2601
OCT/NOV 2018
Mr McDonald is the owner of an independent, Durban-based property development company called
Build-well Property Group. The company specialises in the development of luxury residential
apartment blocks along the seaside. In July 2018 Build-well Property Group decided to undertake
a new residential development and consequently submitted their building plans for the construction
of a five-storey block of flats to the City of Durban for its approval. Section 4 of the National Building
Regulations and Building Standards Act 103 of 1977 requires that building plans must first be
approved for every building erected within a municipal area, before any construction may be
undertaken. Once submitted to the City, the plans were perused by the Zoning Plans Examiner,
Mrs Naidoo, whose role was to determine whether they complied with the conditions of the zoning
scheme. Mrs Naidoo recommended that the plan submitted by Build-well Property Group should
not be approved since the intended five-storey building exceeds the four-storey building limitation
that applies in terms of the zoning scheme. The objection raised by Mrs Naidoo resulted in the City
deciding against the development; the application by Build-well Property Group was subsequently
dismissed.
Mr McDonald is furious about the outcome of the application since the envisioned development
would have been a lucrative investment for him and his company. He approaches you for legal
advice regarding a number of administrative law issues.
QUESTION 1
1.1 Is there an administrative-law relationship present in the set of facts? Give a detailed answer.
(10)
An administrative-law relationship exists between two parties in an unequal relationship/vertical.
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.
In the general administrative-law relationship the legal rules governing the relationship between the
parties apply to all the subjects within a particular group. These rules thus apply impersonally, that
is generally and objectively, and non-specifically and not to a particular identifiable legal subject.
In an individual administrative-law relationship legal rules apply personally and specifically between
the parties. In other words, the legal rules apply to specifically identifiable legal subjects. The
content of the individual relationship will vary from case to case.
Yes, Mr McDonald is subject to an individual administrative law relationship, he is in a subordinate
position in relation to the municipality taking the decision in terms of the National Building
Regulations and Building Standards Act 103 of 1977. The decision that was made applies to Mr
McDonald specifically. There exists a vertical relationship between the parties, the municipality is
clothed in state authority, whereas Mr McDonald’s rights are affected by the decision taken by the
municipality.
1.2 List three persuasive sources of administrative law. (3)
- Writings in books/journals
- Policy documents, eg Green and White Papers
- Reports by state institutions
2
,3
- Foreign law
1.3 Is administrative action in evidence in the set of facts? In your answer, you should give a full
definition of the concept “administrative action” with reference to the provisions of the Promotion of
Administrative Justice Act (PAJA) 3 of 2000. (12)
Section 1 of PAJA defines “administrative action” as any decision taken, or any failure to take a
decision, by –
(a) an organ of state, when-
(i) exercising a power in terms of the Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any legislation; or
(b) a natural or juristic person, other than an organ of state, when exercising a public power or
performing a public function in terms of an empowering provision,
which adversely affects the rights of any person and which has a direct, external legal effect.
There are exceptions to the definition.
In view of the definition of “administrative action”, the decision taken by the municipality, to reject
Mr McDonald’s building plans constitutes administrative action. It complies with the definition in that
it involves a decision made by an organ of state (the municipality) exercising a public power or
performing a public function in terms of legislation (the National Building Regulations and Building
Standards Act 103 of 1977) which has adversely affected the rights of a person (Mr McDonald) and
which appears to have had a direct external legal effect. The exceptions do not apply.
QUESTION 2
2.1 Answer the following questions. Each question is provided with a number of options as possible
answers. Only one option/statement in each question is correct. You must, therefore, identify the
correct option and write down the number of the option that you have identified next to the question
number.
2.1.1 Organ of state is defined in section … of the Constitution of the Republic of South Africa,
1996.
(a) 33
(b) 239
(c) 4
(d) 26
2.1.2 Two examples of Acts of Parliament that complement the provisions of the Constitution and
are crucial to Administrative law as well, are PAJA and …
(a) the Promotion of Access to Information Act 2 of 2000 (PAIA).
(b) the National Building Regulations and Building Standards Act 103 of 1977.
(c) the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE).
(d) the Housing Act 107 of 1997.
2.1.3 Res iudicata means that…
(a) all administrators must act reasonably.
3
, 4
(b) court decisions are not of an administrative nature.
(c) the matter has been dealt with and cannot be reconsidered by the same body, but only
by a higher-ranking body.
(d) no person may be a judge in his/her own case.
2.1.4 Ubuntu can be regarded as the African view of life and the world. Which one of following is
the way in which this term can be defined/describe?
(a) African Humanism
(b) African due process
(c) African democracy
(d) African constitutionalism
2.1.5 Which one of the following is NOT a binding source of administrative law?
(a) The Constitution of the Republic of South Africa, 1996
(b) Case law
(c) Legislation
(d) Foreign law
2.2 Mention the three classes of administrative action
and the distinctive characteristics of each. (6)
4
ADMINISTRATIVE LAW
ADL2601
SOLUTIONS FOR PAST EXAM PAPERS
TABLE OF CONTENTS
Q: PAPER PAGE
OCT/NOV 2018 3
MAY/JUNE 2018 8
OCT/NOV 2017 15
MAY/JUNE 2017 27
OCT/NOV 2016 32
OCT/NOV 2015 39
1
,2
ADL2601
OCT/NOV 2018
Mr McDonald is the owner of an independent, Durban-based property development company called
Build-well Property Group. The company specialises in the development of luxury residential
apartment blocks along the seaside. In July 2018 Build-well Property Group decided to undertake
a new residential development and consequently submitted their building plans for the construction
of a five-storey block of flats to the City of Durban for its approval. Section 4 of the National Building
Regulations and Building Standards Act 103 of 1977 requires that building plans must first be
approved for every building erected within a municipal area, before any construction may be
undertaken. Once submitted to the City, the plans were perused by the Zoning Plans Examiner,
Mrs Naidoo, whose role was to determine whether they complied with the conditions of the zoning
scheme. Mrs Naidoo recommended that the plan submitted by Build-well Property Group should
not be approved since the intended five-storey building exceeds the four-storey building limitation
that applies in terms of the zoning scheme. The objection raised by Mrs Naidoo resulted in the City
deciding against the development; the application by Build-well Property Group was subsequently
dismissed.
Mr McDonald is furious about the outcome of the application since the envisioned development
would have been a lucrative investment for him and his company. He approaches you for legal
advice regarding a number of administrative law issues.
QUESTION 1
1.1 Is there an administrative-law relationship present in the set of facts? Give a detailed answer.
(10)
An administrative-law relationship exists between two parties in an unequal relationship/vertical.
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.
In the general administrative-law relationship the legal rules governing the relationship between the
parties apply to all the subjects within a particular group. These rules thus apply impersonally, that
is generally and objectively, and non-specifically and not to a particular identifiable legal subject.
In an individual administrative-law relationship legal rules apply personally and specifically between
the parties. In other words, the legal rules apply to specifically identifiable legal subjects. The
content of the individual relationship will vary from case to case.
Yes, Mr McDonald is subject to an individual administrative law relationship, he is in a subordinate
position in relation to the municipality taking the decision in terms of the National Building
Regulations and Building Standards Act 103 of 1977. The decision that was made applies to Mr
McDonald specifically. There exists a vertical relationship between the parties, the municipality is
clothed in state authority, whereas Mr McDonald’s rights are affected by the decision taken by the
municipality.
1.2 List three persuasive sources of administrative law. (3)
- Writings in books/journals
- Policy documents, eg Green and White Papers
- Reports by state institutions
2
,3
- Foreign law
1.3 Is administrative action in evidence in the set of facts? In your answer, you should give a full
definition of the concept “administrative action” with reference to the provisions of the Promotion of
Administrative Justice Act (PAJA) 3 of 2000. (12)
Section 1 of PAJA defines “administrative action” as any decision taken, or any failure to take a
decision, by –
(a) an organ of state, when-
(i) exercising a power in terms of the Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any legislation; or
(b) a natural or juristic person, other than an organ of state, when exercising a public power or
performing a public function in terms of an empowering provision,
which adversely affects the rights of any person and which has a direct, external legal effect.
There are exceptions to the definition.
In view of the definition of “administrative action”, the decision taken by the municipality, to reject
Mr McDonald’s building plans constitutes administrative action. It complies with the definition in that
it involves a decision made by an organ of state (the municipality) exercising a public power or
performing a public function in terms of legislation (the National Building Regulations and Building
Standards Act 103 of 1977) which has adversely affected the rights of a person (Mr McDonald) and
which appears to have had a direct external legal effect. The exceptions do not apply.
QUESTION 2
2.1 Answer the following questions. Each question is provided with a number of options as possible
answers. Only one option/statement in each question is correct. You must, therefore, identify the
correct option and write down the number of the option that you have identified next to the question
number.
2.1.1 Organ of state is defined in section … of the Constitution of the Republic of South Africa,
1996.
(a) 33
(b) 239
(c) 4
(d) 26
2.1.2 Two examples of Acts of Parliament that complement the provisions of the Constitution and
are crucial to Administrative law as well, are PAJA and …
(a) the Promotion of Access to Information Act 2 of 2000 (PAIA).
(b) the National Building Regulations and Building Standards Act 103 of 1977.
(c) the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE).
(d) the Housing Act 107 of 1997.
2.1.3 Res iudicata means that…
(a) all administrators must act reasonably.
3
, 4
(b) court decisions are not of an administrative nature.
(c) the matter has been dealt with and cannot be reconsidered by the same body, but only
by a higher-ranking body.
(d) no person may be a judge in his/her own case.
2.1.4 Ubuntu can be regarded as the African view of life and the world. Which one of following is
the way in which this term can be defined/describe?
(a) African Humanism
(b) African due process
(c) African democracy
(d) African constitutionalism
2.1.5 Which one of the following is NOT a binding source of administrative law?
(a) The Constitution of the Republic of South Africa, 1996
(b) Case law
(c) Legislation
(d) Foreign law
2.2 Mention the three classes of administrative action
and the distinctive characteristics of each. (6)
4
