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PUB3707 PORTFOLIO (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

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Well-structured PUB3707 PORTFOLIO (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... This Portfolio of Evidence consists of three (3) pages. Instructions: You are expected to evaluate, critically analyse and apply the information in your study material. You therefore need to deliver well-structured and well-presented arguments and solutions. Be wary of making statements without substantiating and motivating them. It is essential to provide practical examples of the application of theory in the public sector. Please note that you are not allowed to copy content from sources verbatim as this would constitute plagiarism, which is a disciplinary offense. You therefore must re-write the content in your own words. You may use extra information sources. Note that Wikipedia, Facebook and YouTube are not academic sources but may provide valuable additional information about the real-live context of public administration. You must not communicate with fellow students regarding your submission. No group work will be accepted, and cases of misconduct will be referred to the relevant Academic Integrity Sub-committee for investigation. Your marks will be affected negatively should plagiarism be detected, or should you use non-academic sources. The use of any Artificial Intelligence Tools such as ChatGPT to generate answers are strictly prohibited and will be considered as a contravention of Academic Integrity. Your submitted Portfolio will be marked by assessing the depth of analysis, relevance of examples, clarity of presentation, and integration of lesson content. NOTE: At least 30% of the marks are allocated to the application of the theory. Please make sure that your grammar, expression and general use of the English language are correct. Remember that poor grammar and presentation may negatively affect the way your work is perceived by the assessor. Please submit your Portfolio of Evidence online on the myModules platform. [TURN OVER] CONFIDENTIAL Page 2 of 3 Oct/Nov 2025 PUB3707 Kindly also take note of the following important aspects: On what four assumptions is the trias politica based? To what extent is the theory of the trias politica followed in South Africa? What is the meaning of the administrative state? What factors gave rise to the establishment of the administrative state? How broad is the scope of the administrative state in terms of its impact on the life of the ordinary citizen? u What steps can be taken to ensure that the negative consequences of the administrative state are kept to a minimum? = What kinds of delegated legislation are widely encountered in South Africa? a Why is delegated legislation essential? = To what extent would efficient and effective control of delegated legislation successfully limit its disadvantages? = What is the nature and extent of administrative adjudication? m Which institutions in the system of government are entrusted with the function of administrative adjudication? What are the advantages and disadvantages of the existence of administrative adjudication? = How successful is the implementation of control measures aimed at neutralising the disadvantages of administrative adjudication? u What is administrative discretion and how is it exercised? = What criteria must administrative discretion satisfy to be regarded as a valid administrative act? Portfolios of Evidence are submitted electronically. No hardcopy Portfolios will be accepted. Scanned handwritten answers are not acceptable and will not be assessed. Students are expected to submit typed responses for utilisation of the Turnitin software. • The due date and time for the Portfolio is at 23h00 on 9 October 2025 to allow sufficient time for research, application of theory to the public sector, and online submission. • Answers must be converted into a single PDF document for uploading. Do not upload the pages one by one. • Your Portfolio of Evidence will be submitted through Turnitin. - Turnitin is the official online plagiarism detection tool used at Unisa and is integrated within myUnisa. - Turnitin's primary function is to compare submitted text against a vast database of academic content, internet sources, and other students' submissions. - After scanning a document, Turnitin generates an Originality Report that highlights any matching or similar text found in the database. This report assists students and assessors to identifying and address potential instances of plagiarism. • The Portfolio of Evidence must include the following: - Title page - Table of contents - Introduction - Content discussion with relevant headings, subheadings and examples - Conclusion - List of sources • Formatting requirements: 1.5-spacing (12-point font, Arial); Length: approximately 10 to 12 pages (excluding List of sources). • You have to: - do in-text source referencing, for example – (Muhame, Ncube & Bahta, 2024: 1568); and - add a complete list of sources, for example: Muhame, C., Ncube, A. and Bahta, Y.T. 2024. Dissemination and participation in early warnings and disaster risk reduction in South Africa. Jamba, 16(1): . This Portfolio of Evidence consists of three (3) pages. Instructions: You are expected to evaluate, critically analyse and apply the information in your study material. You therefore need to deliver well-structured and well-presented arguments and solutions. Be wary of making statements without substantiating and motivating them. It is essential to provide practical examples of the application of theory in the public sector. The trias politica principle implies that the legislative, executive, and judicial branches of the state are separated and serves as a check and balance on the abuse of authority. Notwithstanding this separation, the administrative state – as part of the executive authority – has continued to grow. In an essay, explain your understanding of the administrative state with reference to the following key aspects: its significance and reasons for development and growth, as well as the extent, consequences, and problems of the administrative state. Please note that you are not allowed to copy content from sources verbatim as this would constitute plagiarism, which is a disciplinary offense. You therefore must re-write the content in your own words. You may use extra information sources. Note that Wikipedia, Facebook and YouTube are not academic sources but may provide valuable additional information about the real-live context of public administration. You must not communicate with fellow students regarding your submission. No group work will be accepted, and cases of misconduct will be referred to the relevant Academic Integrity Sub-committee for investigation. Your marks will be affected negatively should plagiarism be detected, or should you use non-academic sources. The use of any Artificial Intelligence Tools such as ChatGPT to generate answers are strictly prohibited and will be considered as a contravention of Academic Integrity. Your submitted Portfolio will be marked by assessing the depth of On what four assumptions is the trias politica based? To what extent is the theory of the trias politica followed in South Africa? What is the meaning of the administrative state? What factors gave rise to the establishment of the administrative state? How broad is the scope of the administrative state in terms of its impact on the life of the ordinary citizen? u What steps can be taken to ensure that the negative consequences of the administrative state are kept to a minimum? = What kinds of delegated legislation are widely encountered in South Africa? a Why is delegated legislation essential? = To what extent would efficient and effective control of delegated legislation successfully limit its disadvantages? = What is the nature and extent of administrative adjudication? m Which institutions in the system of government are entrusted with the On what four assumptions is the trias politica based? To what extent is the theory of the trias politica followed in South Africa? What is the meaning of the administrative state? What factors gave rise to the establishment of the administrative state? How broad is the scope of the administrative state in terms of its impact on the life of the ordinary citizen? u What steps can be taken to ensure that the negative consequences of the administrative state are kept to a minimum? = What kinds of delegated legislation are widely encountered in South Africa? a Why is delegated legislation essential? = To what extent would efficient and effective control of delegated legislation successfully limit its disadvantages? = What is the nature and extent of administrative adjudication? m Which institutions in the system of government are entrusted with the function of administrative adjudication? This NOTE: At least 30% of the marks are allocated to the application of the theory. Please make sure that your grammar, expression and general use of the English language are correct. Remember that poor grammar and presentation may negatively affect the way your work is perceived by the assessor. Please submit your Portfolio of Evidence online on the myModules platform. [TURN OVER] CONFIDENTIAL Page 2 of 3 Oct/Nov 2025 PUB3707 Kindly also take note of the following important aspects: The trias politica principle implies that the legislative, executive, and judicial branches of the state are separated and serves as a check and balance on the abuse of authority. Notwithstanding this separation, the administrative state – as part of the executive authority – has continued to grow. In an essay, explain your understanding of the administrative state with reference to the following key aspects: its significance and reasons for development and growth, as well as the extent, consequences, and problems of the administrative state. Portfolios of Evidence are submitted electronically. No hardcopy Portfolios will be accepted. Scanned handwritten answers are not acceptable and will not be assessed. Students are expected to submit typed responses for utilisation of the Turnitin software. • The due date and time for the Portfolio is at 23h00 on 9 October 2025 to allow sufficient time for research, application of theory to the public sector, and online submission. • Answers must be converted into a single PDF document for uploading. Do not upload the pages one by one. • Your Portfolio of Evidence will be submitted through Turnitin. - Turnitin is the official online plagiarism detection tool used at Unisa and is integrated within myUnisa. - Turnitin's primary function is to compare submitted text against a vast database of academic content, internet sources, and other students' submissions. The transfer of legislative and judicial authority to executive institutions lead to an increase in administrative discretion. This transfer implies that the public administration’s authority is extended to almost all aspects of citizens’ lives. In a reflective essay, explain what administrative decision-making is, administrative discretion and how it is applied, and the kinds of administrative discretion After scanning a document, Turnitin generates an Originality Report that highlights any matching or similar text found in the database. This report assists students and assessors to identifying and address potential instances of plagiarism. The transfer of legislative and judicial authority to executive institutions lead to an increase in administrative discretion. This transfer implies that the public administration’s authority is extended to almost all aspects of citizens’ lives. In a reflective essay, explain what administrative decision-making is, administrative discretion and how it is applied, and the kinds of administrative discretion The Portfolio of Evidence must include the following: - Title page - Table of contents - Introduction - Content discussion with relevant headings, subheadings and examples - Conclusion - List of sources • Formatting requirements: 1.5-spacing (12-point font, Arial); Length: approximately 10 to 12 pages (excluding List of sources). • You have to: - do in-text source referencing, for example – (Muhame, Ncube & Bahta, 2024: 1568); and - add a complete list of sources, for example: Muhame, C., Ncube, A. and Bahta, Y.T. 2024. Dissemination and participation in early warnings and disaster risk reduction in South Africa. Jamba, 16(1): .

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PUB3707
October November PORTFOLIO 2025
2 2025
Unique Number:
Due date: 9 October 2025
INTRODUCTION

This portfolio brings together key reflections and essays on the role of the administrative
state within the framework of constitutional democracy. The first section focuses on
conceptual understanding of the trias politica principle and how the separation of powers
between the legislative, executive, and judicial branches functions as a safeguard against
the abuse of power. It further explores the growth of the administrative state, its significance
in governance, and the challenges that arise from its expanding role. The second section is
reflective in nature and considers how administrative discretion shapes public administration.
It examines the transfer of authority to executive institutions, the meaning and application of
administrative decision-making, and the different forms of discretion exercised in practice.
The portfolio therefore highlights both theoretical and practical insights, providing a
foundation for understanding the complexities of the administrative state in modern
governance.




DISCLAIMER & TERMS OF USE
 Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
 Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
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regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
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the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.

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INTRODUCTION

This portfolio brings together key reflections and essays on the role of the
administrative state within the framework of constitutional democracy. The first
section focuses on conceptual understanding of the trias politica principle and how
the separation of powers between the legislative, executive, and judicial branches
functions as a safeguard against the abuse of power. It further explores the growth of
the administrative state, its significance in governance, and the challenges that arise
from its expanding role. The second section is reflective in nature and considers how
administrative discretion shapes public administration. It examines the transfer of
authority to executive institutions, the meaning and application of administrative
decision-making, and the different forms of discretion exercised in practice. The
portfolio therefore highlights both theoretical and practical insights, providing a
foundation for understanding the complexities of the administrative state in modern
governance.




QUESTION 1: THE ADMINISTRATIVE STATE: SIGNIFICANCE, DEVELOPMENT,
CONSEQUENCES AND PROBLEMS

1. INTRODUCTION

The principle of trias politica refers to the separation of powers between the
legislative, executive, and judicial branches of government. It was popularised by
Montesquieu in the eighteenth century and has since become a key constitutional
principle in modern states (Labuschagne, 2006). The main aim of this principle is to
prevent the abuse of power by ensuring that no single branch of government holds
unchecked authority. In South Africa, the Constitution of 1996 provides for this
separation of powers, but in practice, the executive authority – particularly the
administrative branch – has expanded to play a dominant role in governance. This
development has given rise to what is known as the administrative state.

This essay explains the administrative state by considering its significance, reasons
for growth, extent, consequences, and problems.

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