ADMINISTRATIVE
LAW
ADL2601
UNISA
EXAM SOLUTIONS
22 October 2022
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to the
prescribed style.
3. I have not allowed, and will not allow anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME: ……………………………………………………………………………………...
SIGNATURE: ……………………………………………………………………………...
STUDENT NUMBER: ……………………………………………………………………..
MODULE CODE: ...............................................................................................
DATE: ……………………………………………………………………………………....
MARK RECEIVED FOR ASSIGNMENT 01: …………………………………………..
MARK RECEIVED FOR ASSIGNMENT 02: …………………………………………..
,FACTUAL SCENARIO
The Road Transportation Act 14 of 1977 (the “Act”) regulates public transportation of
persons and goods. It allows the Transport Commission the discretion to grant,
renew, amend or transfer applications for public permits in terms of section 3 of the
Act. It also allows for the withdrawal, suspension or variation of a permit in terms of
section 25 of the Act. In December 2021, the Head of the Transport Commission
was outraged by the number of accidents which occurred and the resultant loss of
life. He consequently ordered the Transport Commission to summarily withdraw (i.e.
without being convicted of an offence) the permits relating to any vehicle which is
found to exceed the speed limit by 20 km/ph, with no exceptions as of 31 December
2021.
The provision on which the Transport Commission relies on to withdraw the permits
is section 25 of the Act which reads as follows:
25. Withdrawal, suspension or variation of a permit. –
(1) Subject to the provisions of subsection (2) the Commission may at any time –
(a) Withdraw, suspend or vary for such period as it may deem fit, any public permit
granted by it -
(i) If the holder of such permit has been convicted of any offence under this Act or
under any law relating to the regulation of traffic.
In January 2022, Chuck Norris (“Chuck”) drives down the N1 in a truck on his way to
deliver alcohol to a bar in Alexandra. Chuck is caught driving more than double the
permitted speed limit (this means more than 20km/ph above the speed limit) and is
stopped by an official of the Transport Commission. He summarily receives notice
that his permit to transport goods in the truck is immediately withdrawn. He is later
convicted of contravening section 25(1)(a)(i) above in February 2022. Chuck is
naturally gravely upset and approaches you for legal advice. He alleges that the
transport of goods is his primary source of income.
Against the previous factual scenario please answer the following questions.
, QUESTIONS
1. Define Administrative Law. [6]
Administrative law is the division of law that governs the activities of executive
branch agencies of government. Administrative law concerns executive
branch rule making (executive branch rules are generally referred to as
"regulations"), adjudication, or the enforcement of laws. Administrative law is
considered a branch of public law.
Administrative law deals with the decision-making of such administrative units of
government that are part of the executive branch in such areas as international
trade, manufacturing, the environment, taxation, broadcasting, immigration,
and transport.
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]
In terms of s 239 of the Constitution an organ of state includes:
(a) any department of state or administration in the national, provincial or local
sphere of government; or
(b) any other functionary or institution that
(i) exercises a power or performs a function in terms of the Constitution or a
provincial constitution; or
(ii) exercises a public power or performs a public function in terms of any
legislation. A court or a judicial officer is excluded.
The transport commission is an organ of state.
LAW
ADL2601
UNISA
EXAM SOLUTIONS
22 October 2022
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to the
prescribed style.
3. I have not allowed, and will not allow anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME: ……………………………………………………………………………………...
SIGNATURE: ……………………………………………………………………………...
STUDENT NUMBER: ……………………………………………………………………..
MODULE CODE: ...............................................................................................
DATE: ……………………………………………………………………………………....
MARK RECEIVED FOR ASSIGNMENT 01: …………………………………………..
MARK RECEIVED FOR ASSIGNMENT 02: …………………………………………..
,FACTUAL SCENARIO
The Road Transportation Act 14 of 1977 (the “Act”) regulates public transportation of
persons and goods. It allows the Transport Commission the discretion to grant,
renew, amend or transfer applications for public permits in terms of section 3 of the
Act. It also allows for the withdrawal, suspension or variation of a permit in terms of
section 25 of the Act. In December 2021, the Head of the Transport Commission
was outraged by the number of accidents which occurred and the resultant loss of
life. He consequently ordered the Transport Commission to summarily withdraw (i.e.
without being convicted of an offence) the permits relating to any vehicle which is
found to exceed the speed limit by 20 km/ph, with no exceptions as of 31 December
2021.
The provision on which the Transport Commission relies on to withdraw the permits
is section 25 of the Act which reads as follows:
25. Withdrawal, suspension or variation of a permit. –
(1) Subject to the provisions of subsection (2) the Commission may at any time –
(a) Withdraw, suspend or vary for such period as it may deem fit, any public permit
granted by it -
(i) If the holder of such permit has been convicted of any offence under this Act or
under any law relating to the regulation of traffic.
In January 2022, Chuck Norris (“Chuck”) drives down the N1 in a truck on his way to
deliver alcohol to a bar in Alexandra. Chuck is caught driving more than double the
permitted speed limit (this means more than 20km/ph above the speed limit) and is
stopped by an official of the Transport Commission. He summarily receives notice
that his permit to transport goods in the truck is immediately withdrawn. He is later
convicted of contravening section 25(1)(a)(i) above in February 2022. Chuck is
naturally gravely upset and approaches you for legal advice. He alleges that the
transport of goods is his primary source of income.
Against the previous factual scenario please answer the following questions.
, QUESTIONS
1. Define Administrative Law. [6]
Administrative law is the division of law that governs the activities of executive
branch agencies of government. Administrative law concerns executive
branch rule making (executive branch rules are generally referred to as
"regulations"), adjudication, or the enforcement of laws. Administrative law is
considered a branch of public law.
Administrative law deals with the decision-making of such administrative units of
government that are part of the executive branch in such areas as international
trade, manufacturing, the environment, taxation, broadcasting, immigration,
and transport.
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]
In terms of s 239 of the Constitution an organ of state includes:
(a) any department of state or administration in the national, provincial or local
sphere of government; or
(b) any other functionary or institution that
(i) exercises a power or performs a function in terms of the Constitution or a
provincial constitution; or
(ii) exercises a public power or performs a public function in terms of any
legislation. A court or a judicial officer is excluded.
The transport commission is an organ of state.
