ADL2601 LATEST EXAM
PACK 2025
QUESTIONS AND ANSWERS
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ADL2601 Exam Questions and Answer
May/June 2013
Section A
Question 1
Ms REF Ugee is a citizen of a war-ravaged country in West Africa. She fled her country
of birth, moving gradually southwards and entered South Africa after a long journey.
Ms REF Ugee applies for asylum at the Department of Home Affairs in terms of section
21(1) of the Refugees Act 130 of 1998. Pending the outcome her application for asylum,
she was granted an asylum seeker permit in terms of the Act, which allows her to stay
temporarily in South Africa. Later, however, her application for asylum is rejected by
the authorized refugee status determination officer without any input by Ms REF Ugee.
No reasons were given, but it later transpired that the rejection was based on the
informal notes of the refugee reception officer working in the refugee reception officer
responsible for issuing her with the asylum seeker permit. From these notes the
impression might be granted that the decision had been influenced by certain irrelevant
factors suggesting bias on the part of the administrator. The Refugees Act makes
provision for review by the Standing Committee and an appeal to the Appeal Board of a
decision by a refugee status determination officer.
You are a legal advisor working at a non-governmental organization (NGO) called
Consortium for Refugees and Migrants in South Africa (CRMSA). Ms Ugee approaches
you for assistance on ways and means on how the NGO might be able to come to her
assistance.
Answer the following questions and substantiate your answers.
1.1 Briefly explain what an administrative-law relationship is. Do you think Ms REF
Ugee is a subject of an administrative-law relationship? (6)
An administrative-law relationship is a relationship between two or more legal subjects in
which one is a person or body who is clothed with state authority and is able to exercise the
authority over the other. The exercise of power may affect the rights and/or interests of the
person(s) in a subordinate position. It is therefore an unequal relationship. In a general
administrative-law relationship the legal rules governing the relationship between the parties
apply to all the subjects in a particular group. It is created by, changed and terminated by
legislation. In an individual administrative-law relationship the rules apply personally and
specifically between the parties. The relationship is created by individual administrative
decisions. In the set of facts, the individual administrative-law relationship is applicable since
an individual relationship exists between Ms Ugee and the Department of Home Affairs.
1.2 Identify the administrative action in the 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. (13)
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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. These exceptions are, however, not applicable to the given set of facts. The
decision to reject Ms REF Ugee’s application for asylum amounts to administrative action
because it complies with the definition in that it involves a decision by an organ of state (the
Department of Home Affairs, authorized refugee status determination officer in the
Department of Home Affairs) exercising a public power or performing a public function in
terms of any legislation which has adversely affected the rights of a person (Ms REF Ugee’s)
and which appears to have had a direct external legal effect.
1.3 Identify the organs of state in the given set of facts. Explain your answers with
reference to the constitutional definition of organ of state. (6)
In terms of section 239 of the Constitution, the following are organs of state: The
Department of Home Affairs (any department of state or administration in the national,
provincial or local sphere of government) The authorized refugee status determination
official who made the decision, the refugee reception officer, the Standing Committee and the
Appeal Board in the Department of Home Affairs (any other functionary or institution (ii)
exercising a public power or performing a public function in terms of any legislation)
Question 2
2.1 Answer the following question. Each question is provided with a number of options
as possible answers.
(2.1.1) A general administrative-law relationship is not affected by new general legislative
provisions.
(2.1.2) Legislation is a binding source of administrative law and includes judicial
precedent.
(2.1.3) When did the rejection of Ms REF Ugee’s application for asylum become
operative (take effect)? upon the date of judgement.
(2.1.4) The decision to reject the application for asylum of Ms REF Ugee can changed
because it is an invalid administrative device.
(2.1.5) Which one of the following is NOT an overcharging concept incorporating all the
requirements for valid administrative action? Administrative accountability.
(2.2) The set of rules clearly states that Ms Ugee’s application for asylum was rejected
by an authorized refugee status determination officer. Discuss the rules that apply when
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delegation of powers is permitted (in other words a particular task is performed by a
duly authorized administrator). (5)
To “delegate” means to entrust a task, responsibility or power to somebody else – that is, to
an agent of the original holder of the power. The purpose behind the delegation of powers is
to facilitate the quick and efficient division of labour within the administration, since
administrators and administrative bodies very often cannot cope with the exercise of all their
administrative functions.
The following rules apply when delegation of powers is permitted:
- If the administrator is authorised to perform a particular action and this entails the exercise
of discretion, the task concerned may not be delegated unless it is authorised by statute - An
administrator who exercises a discretionary power and makes a decision is not prevented
from instructing a subordinate administrator merely to implement the decision - An
administrator must apply his/her mind to the matter when exercising discretion - An
administrator may appoint a fact-finding committee to assist, provided the actual discretion is
ultimately exercised by the administrator.
(2.3) One of the rules of natural justice requires that the administrator should be
impartial. Discuss the rule against bias with reference to the above set of facts. (7)
• Common-law rules of natural justice: Audi alteram partem (to hear the other side before a
decision is taken) Nemo iudex in sua causa rule (no one should be judge in his own case –
rule against bias/prejudice)
• The last rule is important in this context. In terms of this rule, the decision-maker must be,
and must reasonably be perceived to be, impartial or unbiased. Rule against bias.
• The most common examples of bias are: the presence of pecuniary/financial interest the
presence of personal interest – more evident in this set of facts
• In Rose v Johannesburg Local Road Transportation Board 1947 4 SA 272 (W), the
chairman of the board responsible for the granting or refusal of transport licences was at the
same time director of the three large taxi companies, and therefore biased. The court found
that the reasonable person would realise that the chairman was indeed biased because of his
financial interest in the taxi company.
• The test to determine bias was formulated by the Appellate Division in BTR Industries SA
v Metal and Allied Workers Union 1992 3 SA 673 (A) as “the existence of a reasonable
suspicion of bias satisfies the test and that an apprehension of the real likelihood that the
decision maker will be biased is not a prerequisite for disqualifying bias".
• In SACCAWU v Irvin & Johnson 1999 7 BCLR 725 (CC) the CC confirmed the
correctness of the test in the BTR case. However, the CC decided to use the phrase “a
reasonable apprehension of bias” rather than “a reasonable suspicion of bias”.
• The affected individual merely has to prove an appearance of bias rather than the existence
of actual bias.
• In the given set of facts, one could argue that there was undoubtedly a reasonable
apprehension of bias since the decision by the authorized refugee status determination officer
was based on informal notes submitted by the refugee reception officer of the Department of
Home Affairs.
PACK 2025
QUESTIONS AND ANSWERS
For assistance contact
Email:
, lOMoARcPSD|31863004
lOMoARcPSD|4598628
ADL2601 Exam Questions and Answer
May/June 2013
Section A
Question 1
Ms REF Ugee is a citizen of a war-ravaged country in West Africa. She fled her country
of birth, moving gradually southwards and entered South Africa after a long journey.
Ms REF Ugee applies for asylum at the Department of Home Affairs in terms of section
21(1) of the Refugees Act 130 of 1998. Pending the outcome her application for asylum,
she was granted an asylum seeker permit in terms of the Act, which allows her to stay
temporarily in South Africa. Later, however, her application for asylum is rejected by
the authorized refugee status determination officer without any input by Ms REF Ugee.
No reasons were given, but it later transpired that the rejection was based on the
informal notes of the refugee reception officer working in the refugee reception officer
responsible for issuing her with the asylum seeker permit. From these notes the
impression might be granted that the decision had been influenced by certain irrelevant
factors suggesting bias on the part of the administrator. The Refugees Act makes
provision for review by the Standing Committee and an appeal to the Appeal Board of a
decision by a refugee status determination officer.
You are a legal advisor working at a non-governmental organization (NGO) called
Consortium for Refugees and Migrants in South Africa (CRMSA). Ms Ugee approaches
you for assistance on ways and means on how the NGO might be able to come to her
assistance.
Answer the following questions and substantiate your answers.
1.1 Briefly explain what an administrative-law relationship is. Do you think Ms REF
Ugee is a subject of an administrative-law relationship? (6)
An administrative-law relationship is a relationship between two or more legal subjects in
which one is a person or body who is clothed with state authority and is able to exercise the
authority over the other. The exercise of power may affect the rights and/or interests of the
person(s) in a subordinate position. It is therefore an unequal relationship. In a general
administrative-law relationship the legal rules governing the relationship between the parties
apply to all the subjects in a particular group. It is created by, changed and terminated by
legislation. In an individual administrative-law relationship the rules apply personally and
specifically between the parties. The relationship is created by individual administrative
decisions. In the set of facts, the individual administrative-law relationship is applicable since
an individual relationship exists between Ms Ugee and the Department of Home Affairs.
1.2 Identify the administrative action in the 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. (13)
, lOMoARcPSD|31863004
lOMoARcPSD|4598628
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. These exceptions are, however, not applicable to the given set of facts. The
decision to reject Ms REF Ugee’s application for asylum amounts to administrative action
because it complies with the definition in that it involves a decision by an organ of state (the
Department of Home Affairs, authorized refugee status determination officer in the
Department of Home Affairs) exercising a public power or performing a public function in
terms of any legislation which has adversely affected the rights of a person (Ms REF Ugee’s)
and which appears to have had a direct external legal effect.
1.3 Identify the organs of state in the given set of facts. Explain your answers with
reference to the constitutional definition of organ of state. (6)
In terms of section 239 of the Constitution, the following are organs of state: The
Department of Home Affairs (any department of state or administration in the national,
provincial or local sphere of government) The authorized refugee status determination
official who made the decision, the refugee reception officer, the Standing Committee and the
Appeal Board in the Department of Home Affairs (any other functionary or institution (ii)
exercising a public power or performing a public function in terms of any legislation)
Question 2
2.1 Answer the following question. Each question is provided with a number of options
as possible answers.
(2.1.1) A general administrative-law relationship is not affected by new general legislative
provisions.
(2.1.2) Legislation is a binding source of administrative law and includes judicial
precedent.
(2.1.3) When did the rejection of Ms REF Ugee’s application for asylum become
operative (take effect)? upon the date of judgement.
(2.1.4) The decision to reject the application for asylum of Ms REF Ugee can changed
because it is an invalid administrative device.
(2.1.5) Which one of the following is NOT an overcharging concept incorporating all the
requirements for valid administrative action? Administrative accountability.
(2.2) The set of rules clearly states that Ms Ugee’s application for asylum was rejected
by an authorized refugee status determination officer. Discuss the rules that apply when
, lOMoARcPSD|31863004
lOMoARcPSD|4598628
delegation of powers is permitted (in other words a particular task is performed by a
duly authorized administrator). (5)
To “delegate” means to entrust a task, responsibility or power to somebody else – that is, to
an agent of the original holder of the power. The purpose behind the delegation of powers is
to facilitate the quick and efficient division of labour within the administration, since
administrators and administrative bodies very often cannot cope with the exercise of all their
administrative functions.
The following rules apply when delegation of powers is permitted:
- If the administrator is authorised to perform a particular action and this entails the exercise
of discretion, the task concerned may not be delegated unless it is authorised by statute - An
administrator who exercises a discretionary power and makes a decision is not prevented
from instructing a subordinate administrator merely to implement the decision - An
administrator must apply his/her mind to the matter when exercising discretion - An
administrator may appoint a fact-finding committee to assist, provided the actual discretion is
ultimately exercised by the administrator.
(2.3) One of the rules of natural justice requires that the administrator should be
impartial. Discuss the rule against bias with reference to the above set of facts. (7)
• Common-law rules of natural justice: Audi alteram partem (to hear the other side before a
decision is taken) Nemo iudex in sua causa rule (no one should be judge in his own case –
rule against bias/prejudice)
• The last rule is important in this context. In terms of this rule, the decision-maker must be,
and must reasonably be perceived to be, impartial or unbiased. Rule against bias.
• The most common examples of bias are: the presence of pecuniary/financial interest the
presence of personal interest – more evident in this set of facts
• In Rose v Johannesburg Local Road Transportation Board 1947 4 SA 272 (W), the
chairman of the board responsible for the granting or refusal of transport licences was at the
same time director of the three large taxi companies, and therefore biased. The court found
that the reasonable person would realise that the chairman was indeed biased because of his
financial interest in the taxi company.
• The test to determine bias was formulated by the Appellate Division in BTR Industries SA
v Metal and Allied Workers Union 1992 3 SA 673 (A) as “the existence of a reasonable
suspicion of bias satisfies the test and that an apprehension of the real likelihood that the
decision maker will be biased is not a prerequisite for disqualifying bias".
• In SACCAWU v Irvin & Johnson 1999 7 BCLR 725 (CC) the CC confirmed the
correctness of the test in the BTR case. However, the CC decided to use the phrase “a
reasonable apprehension of bias” rather than “a reasonable suspicion of bias”.
• The affected individual merely has to prove an appearance of bias rather than the existence
of actual bias.
• In the given set of facts, one could argue that there was undoubtedly a reasonable
apprehension of bias since the decision by the authorized refugee status determination officer
was based on informal notes submitted by the refugee reception officer of the Department of
Home Affairs.
