ADL2601 OCTOBER EXAM 2022 ANSWERS

22 OCT 2022 - QUESTION 1 1. Define Administrative Law. [6] 2. Identify the organ of state/s in the factual scenario and discuss the meaning of an organ of state as defined in the Constitution of South Africa, 1996. [7] 3. Identify the characteristics of an administrative law relationship. [3] 4. Discuss the requisites which must be present for the Head of the Transport Commission’s decision to qualify as valid administrative action in terms of the Constitution of South Africa, 1996. [3] 5. In which section of the Constitution of South Africa, 1996 does the supreme law deal with just administrative action? [1] Page 8 of 8 6. Discuss the meaning and nature of judicial review and appeal in the context of administrative law. [10] 7. Discuss the concept of ultra vires in the context of administrative law and its use. [2] 8. Discuss the test for reasonableness set by O’Regan J in the Constitutional Court decision Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 7 BCLR 687 (CC). [2] 9. What are the l “sub-rules” or refinements to the rule concerning the opportunity to be heard (i.e. audi alteram partem rule). [6] 10. Identify and discuss the 3 (three) forms of abuse of power by an administrator. Please refer to case law where it is applicable. [12] 11. List the binding sources of administrative law. [7] 12. What is the meaning of “legitimate expectation” and when can it arise? [6] 13. Identify the 3 (three) types of delegation identified by Wiechers. [3] 14. Discuss the 4 (four) important rules which apply to deconcentration as a specific form of delegation. [8] 15. Identify the administrator in the preceding factual scenario, define what an administrator is in the context of administrative law, and explain what an administrator does. [5] 16. Discuss the meaning of administrative action? Explain your answer with reference to case law. [9] 17. List the mandatory minimum requirements for procedural fairness set out in section 3(b) of the Promotion of Administrative Justice Act 3 of 2000. [5] 18. Identify the 5 (five) ways in which the legal force of administrative action can be ended? [5] (100