lOMoAR cPSD| 42036583
0
ADL2601 EXAM
PACK 2024
[Company address]
, lOMoAR cPSD| 42036583
1
UNIVERSITY EXAMINATIONS
Oct/Nov 2023
ADL2601
Administrative Law
100 Marks
Duration 3 (Three) Hours and 15 (Fifteen minutes)
First examiner: Adv. NC Motsumi
Second examiner: Dr. JR Ramages
THIS PAPER CONSISTS OF 8 (EIGHT) PAGES
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
Instructions:
1. The examination question paper counts 100 marks.
2. It consists of four (4) questions. Answer ALL of the questions.
3. The duration of the examination on the timetable is 3 (Three) Hours and 15 (Fifteen)
minutes.
4. In addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must be
uploaded via the myExams platform on 20 October 2023 BEFORE 11:45 (South
African Standard Time).
Open Rubric
, lOMoAR cPSD| 42036583
2
5. This is a closed-book examination. You may not consult your prescribed study
material during the examination.
6. This examination is proctored via the Invigilator App. You are required to activate (or
log in to) the Invigilator app between 07:45 and 08:30 (South African Standard Time).
SCENARIO
Mrs. 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
again based on previous offences. Furthermore, the department’s policy guidelines include that
, lOMoAR cPSD| 42036583
3
when considering whether parole is in fact expedient on the grounds of her physical condition,
that such release does not curb the objectives of the Correctional Services Act.
QUESTION 1 [25]
1.1 Has Mrs. Sengwayo been subjected to an administrative law relationship and if so, what
kind of relationship is present? (3)
1.2 Does the action taken in the scenario constitute administrative action? Substantiate your
answer by providing the definition of administrative action. (10)
1.3 The rules of natural justice require that the administrator should be impartial. Discuss
whether bias is present in the above set of facts. (7)
1.4 Would the Minister of Correctional Services be able to change his or her decision? Discuss
this with regard to the rules of the functus officio principle (the task having been completed).
(5)
0
ADL2601 EXAM
PACK 2024
[Company address]
, lOMoAR cPSD| 42036583
1
UNIVERSITY EXAMINATIONS
Oct/Nov 2023
ADL2601
Administrative Law
100 Marks
Duration 3 (Three) Hours and 15 (Fifteen minutes)
First examiner: Adv. NC Motsumi
Second examiner: Dr. JR Ramages
THIS PAPER CONSISTS OF 8 (EIGHT) PAGES
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
Instructions:
1. The examination question paper counts 100 marks.
2. It consists of four (4) questions. Answer ALL of the questions.
3. The duration of the examination on the timetable is 3 (Three) Hours and 15 (Fifteen)
minutes.
4. In addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must be
uploaded via the myExams platform on 20 October 2023 BEFORE 11:45 (South
African Standard Time).
Open Rubric
, lOMoAR cPSD| 42036583
2
5. This is a closed-book examination. You may not consult your prescribed study
material during the examination.
6. This examination is proctored via the Invigilator App. You are required to activate (or
log in to) the Invigilator app between 07:45 and 08:30 (South African Standard Time).
SCENARIO
Mrs. 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
again based on previous offences. Furthermore, the department’s policy guidelines include that
, lOMoAR cPSD| 42036583
3
when considering whether parole is in fact expedient on the grounds of her physical condition,
that such release does not curb the objectives of the Correctional Services Act.
QUESTION 1 [25]
1.1 Has Mrs. Sengwayo been subjected to an administrative law relationship and if so, what
kind of relationship is present? (3)
1.2 Does the action taken in the scenario constitute administrative action? Substantiate your
answer by providing the definition of administrative action. (10)
1.3 The rules of natural justice require that the administrator should be impartial. Discuss
whether bias is present in the above set of facts. (7)
1.4 Would the Minister of Correctional Services be able to change his or her decision? Discuss
this with regard to the rules of the functus officio principle (the task having been completed).
(5)
