lOMoARcPSD|6552690
ADL2601
Oct/Nov 2020
ADMINISTRATIVE LAW
Duration 2 hours 100 Marks
EXAMINERS:
FIRST Mr TA Manthwa
SECOND Dr A Anthony
This examination question paper remains the property of the University of South Africa
and may not be removed from the examination venue.
This paper consists of four (4) pages.
• Answer ALL the questions.
• Pay attention to the ALLOCATION OF MARKS and adapt your answer
accordingly.
• Refer to relevant CASE LAW and OTHER AUTHORITY.
• Please do NOT SEPARATE SUBSECTIONS of questions.
• Credit will be given to SYSTEMATIC PRESENTATION, GRAMMATICALLY
CORRECT LANGUAGE and reference to LEGAL AUTHORITY.
QUESTION 1
Read and refer to the scenario below in order to answer the questions which follow.
Mrs Enhle Sengwayo is a convicted prisoner serving a sentence of nine years’ imprisonment for
having committed tender fraud. After 18 months in prison, she was diagnosed with an incurable
and inoperable illness and is not expected to survive for more than a further 12 months. She
applies to be placed on parole on medical grounds in terms of section 69 of the Correctional
Services Act. The provision reads:
A prisoner serving any sentence in a prison –
(a) who suffers from a dangerous, infectious or contagious disease; or
(b) whose placement on parole is appropriate on the grounds of his or her physical
condition, or, in the case of a woman, her advanced pregnancy, may at any time, on the
recommendation of the medical officer, be placed on parole by the Commissioner,
provided that a prisoner sentenced to imprisonment for life shall not be placed on parole
without the consent of the Minister.
After applying for parole, Mrs Sengwayo’s application was rejected by the Minister of
Correctional Services. The grounds for refusal are, amongst others, that Mrs Sengwayo
generally does not look ill, that her matter is a high-profile case and the fact that she has served
less than one-third of her prison term. There is also the possibility that she will commit a crime
1
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ADL2601
Oct/Nov 2020
ADMINISTRATIVE LAW
Duration 2 hours 100 Marks
EXAMINERS:
FIRST Mr TA Manthwa
SECOND Dr A Anthony
This examination question paper remains the property of the University of South Africa
and may not be removed from the examination venue.
This paper consists of four (4) pages.
• Answer ALL the questions.
• Pay attention to the ALLOCATION OF MARKS and adapt your answer
accordingly.
• Refer to relevant CASE LAW and OTHER AUTHORITY.
• Please do NOT SEPARATE SUBSECTIONS of questions.
• Credit will be given to SYSTEMATIC PRESENTATION, GRAMMATICALLY
CORRECT LANGUAGE and reference to LEGAL AUTHORITY.
QUESTION 1
Read and refer to the scenario below in order to answer the questions which follow.
Mrs Enhle Sengwayo is a convicted prisoner serving a sentence of nine years’ imprisonment for
having committed tender fraud. After 18 months in prison, she was diagnosed with an incurable
and inoperable illness and is not expected to survive for more than a further 12 months. She
applies to be placed on parole on medical grounds in terms of section 69 of the Correctional
Services Act. The provision reads:
A prisoner serving any sentence in a prison –
(a) who suffers from a dangerous, infectious or contagious disease; or
(b) whose placement on parole is appropriate on the grounds of his or her physical
condition, or, in the case of a woman, her advanced pregnancy, may at any time, on the
recommendation of the medical officer, be placed on parole by the Commissioner,
provided that a prisoner sentenced to imprisonment for life shall not be placed on parole
without the consent of the Minister.
After applying for parole, Mrs Sengwayo’s application was rejected by the Minister of
Correctional Services. The grounds for refusal are, amongst others, that Mrs Sengwayo
generally does not look ill, that her matter is a high-profile case and the fact that she has served
less than one-third of her prison term. There is also the possibility that she will commit a crime
1
Downloaded by Wynand Roodman ()
