ADL2601 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA ( DISTINCTION GUARANTEED)

ADL2601 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA ( DISTINCTION GUARANTEED) 1. The audi alteram partem rule, as interpreted and developed by our courts, consists of the 3 (three) rules, identify them. [3] 2. List the binding sources of administrative law. [7] 3. Identify the 6 (six) ways in which the legal force of administrative action can be ended? [6] 4. On your understanding of South African administrative law, does a mandate or an instruction/command qualify as delegation? Please explain your answer. [2] 5. Discuss the test for reasonableness and enumerate the factors relevant to determining whether a decision is reasonable as set out by O’ Regan J in the Constitutional Court decision Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 7 BCLR Page 7 of 8 14.2 Students suspected of dishonest conduct during the examinations will be subjected to disciplinary processes. Students may not communicate with other students, or request assistance from other students during examinations. Plagiarism is a violation of academic integrity, and students who do plagiarise or copy verbatim from published work will be in violation of the Policy on Academic Integrity and the Student Disciplinary Code and may be referred to disciplinary hearing. Unisa has a zero tolerance for plagiarism and/or any other forms of academic dishonesty. 14.3 14.4 Unless a student is exempted because of disability or incarceration, students who have not utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s examination rules and will have their marks withheld. The use of Artificial Intelligence software (ChatGPT, etc) and online sources (Course Material) during your online examination session is strictly prohibited. PLEASE NOTE: If you experience challenges with the Invigilator app, please send a message to the technical helpdesk on . Do not contact the lecturers. For all other exam-related challenges, you may contact the SCSC on or e- mail or refer to Get-Help for the list of additional contact numbers. 687 (CC). [8] 6. In determining if an administrator can depart from the statutory requirements of procedural fairness, what relevant factors must an administrator take into account? [5] 7. Identify the origins of the right to procedurally fair administrative action. [2] 8. Name the two types of control in administrative law. [2] 9. Identify 10 (ten) grounds which qualify as “exceptional circumstances” when the judiciary decides that the rule that internal remedies must be exhausted first may be dispensed with. [10] 10. Define Administrative Law. [6] 11. Discuss the meaning of an organ of state as defined in the Constitution of South Africa, 1996. [5] 12. Please list the requirements for just administrative action. [8] 13. Discuss the meaning and nature of judicial review and appeal in the context of Administrative law. [10] 14. It is a principle of Administrative Law that internal remedies must be exhausted first before an aggrieved person can approach a South African court of law. In this context, discuss the 3 (three) important features which relate to this principle. [3] 15. List the persuasive sources of administrative law. [4] 16. Discuss the differences between enabling legislation and delegated legislation. [4] 17. Discuss the 4 (four) important rules which apply to deconcentration as a specific form of delegation. [8] 18. Which section of the Constitution of South Africa, 1996 does the supreme law deal with just administrative action. [1] 19. Discuss the purpose of delegation and when is delegation of powers permissible? Make sure you refer to applicable law when answering this question. [6] (100)