ADL2601
ADMINISTRATIVE LAW
PAST EXAM PACK QUESTIONS AND ANSWERS
(2020 – 2014)
2020 MAY/JUNE EXAM QUESTIONS AND ANSWERS
2020 SUMMARISED NOTES
DISCLAIMER: Extreme care has been used to create this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. Directly submitting and/or reselling/ distribution / reproduction any part of this document is not permitted.
, EXAMINATION PACK
ADMINISTRATIVE LAW
ADL2601
SOLUTIONS FOR PAST EXAM PAPERS
ADL2601 www.tutorialscampus.co.za +27 (71) 224 5255
,TABLE OF CONTENTS
Q: PAPER
May june 2020 1
MAY JUNE 2019 12
OCTOBER NOVEMBER 2019
OCT/NOV 2018 25
MAY/JUNE 2018 34
OCT/NOV 2017 45
MAY/JUNE 2017 54
OCT/NOV 2016 70
OCT/NOV 2015 80
, May June 2020
Question 1
Administrative action is defined in terms of S1 of PAJA as A decision taken or failure
to take a decision by:
1. An Organ of the state;
Exercising Power or performing a public function in terms of the
Constitution or in terms of a Provincial constitution or
Exercising public power or performing a public function in terms of any
legislation or
2. A Natural person or a Juristic person other than an Organ of state when exercising
public power or performing a public function in terms of an empowering provision.
Whose decisions are likely to have an adverse effect on any person’s rights and
which has a direct external legal effect.
Excluding the Executive Powers in terms of the National, Local or Municipal spheres
and also Excluding the Judicial functions of a judicial officer of a court.
In this scenario A decision taken to not grant Mr Rakgase ownership of the farm instead to
give him a long-term lease, taken by A natural person the DDG who is exercising public
power in terms of an empowering provision in the Land and Tenure Reform and the decision
adversely affects the rights of Mr Rakgase and there is a direct External legal effect.
Therefore an Administrative action is evident in this scenario based on the set of facts listed
above.
Question
1.2
An Organ of state is defined in terms of S239 of the Constitution as
A Department of state or Administration in the National, Provincial or local spheres of
Government or Any other functionary or institution that is
Exercising Power or public function in terms of the Constitution or a Provincial
constitution or
Exercising Public power or performing a public function in terms of any legislation
but does not include the a court or a judicial officer
In this scenario the organ of the state Land and tenure reform that is represented by the
deputy Director General.
Question
2.1
The Basis of Administrative legality is that the public administration must;
Serve and promote the public interest
Protect and respect fundamental or human rights.
ADMINISTRATIVE LAW
PAST EXAM PACK QUESTIONS AND ANSWERS
(2020 – 2014)
2020 MAY/JUNE EXAM QUESTIONS AND ANSWERS
2020 SUMMARISED NOTES
DISCLAIMER: Extreme care has been used to create this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. Directly submitting and/or reselling/ distribution / reproduction any part of this document is not permitted.
, EXAMINATION PACK
ADMINISTRATIVE LAW
ADL2601
SOLUTIONS FOR PAST EXAM PAPERS
ADL2601 www.tutorialscampus.co.za +27 (71) 224 5255
,TABLE OF CONTENTS
Q: PAPER
May june 2020 1
MAY JUNE 2019 12
OCTOBER NOVEMBER 2019
OCT/NOV 2018 25
MAY/JUNE 2018 34
OCT/NOV 2017 45
MAY/JUNE 2017 54
OCT/NOV 2016 70
OCT/NOV 2015 80
, May June 2020
Question 1
Administrative action is defined in terms of S1 of PAJA as A decision taken or failure
to take a decision by:
1. An Organ of the state;
Exercising Power or performing a public function in terms of the
Constitution or in terms of a Provincial constitution or
Exercising public power or performing a public function in terms of any
legislation or
2. A Natural person or a Juristic person other than an Organ of state when exercising
public power or performing a public function in terms of an empowering provision.
Whose decisions are likely to have an adverse effect on any person’s rights and
which has a direct external legal effect.
Excluding the Executive Powers in terms of the National, Local or Municipal spheres
and also Excluding the Judicial functions of a judicial officer of a court.
In this scenario A decision taken to not grant Mr Rakgase ownership of the farm instead to
give him a long-term lease, taken by A natural person the DDG who is exercising public
power in terms of an empowering provision in the Land and Tenure Reform and the decision
adversely affects the rights of Mr Rakgase and there is a direct External legal effect.
Therefore an Administrative action is evident in this scenario based on the set of facts listed
above.
Question
1.2
An Organ of state is defined in terms of S239 of the Constitution as
A Department of state or Administration in the National, Provincial or local spheres of
Government or Any other functionary or institution that is
Exercising Power or public function in terms of the Constitution or a Provincial
constitution or
Exercising Public power or performing a public function in terms of any legislation
but does not include the a court or a judicial officer
In this scenario the organ of the state Land and tenure reform that is represented by the
deputy Director General.
Question
2.1
The Basis of Administrative legality is that the public administration must;
Serve and promote the public interest
Protect and respect fundamental or human rights.
