ADL2601/101/3/2020

Tutorial Letter 101/3/2020

Administrative Law

ADL2601

Semesters 1 and 2

Department of Public, Constitutional and

International Law
IMPORTANT INFORMATION
Please register on myUnisa, activate your myLife email address and make sure
that you have regular access to the myUnisa module website, ADL2601-2020-
S1/S2, as well as your group website.

Note: This is a blended module and therefore it is available on myUnisa. However, in

order to support you in your learning process, you will also receive some study material
in printed format.

BARCODE
 CONTENTS

Page

1 INTRODUCTION .......................................................................................................................... 3
1.1 Getting started … .......................................................................................................................... 4
2 OVERVIEW OF ADL2601 ............................................................................................................ 4
2.1 Purpose ........................................................................................................................................ 4
2.2 Outcomes ..................................................................................................................................... 4
3 LECTURER(S) AND CONTACT DETAILS................................................................................... 5
3.1 Lecturer(s) .................................................................................................................................... 5
3.2 Department ................................................................................................................................... 5
3.3 University ...................................................................................................................................... 5
4 RESOURCES ............................................................................................................................... 6
4.1 Joining myUnisa ........................................................................................................................... 6
4.2 Recommended books ................................................................................................................... 6
4.3 Electronic reserves (e-reserves) ................................................................................................... 6
4.4 Library services and resources information ................................................................................... 6
5 STUDENT SUPPORT SERVICES ................................................................................................ 7
6 HOW TO STUDY ONLINE ............................................................................................................ 7
6.1 What does it mean to study online? .............................................................................................. 7
6.2 myUnisa tools ............................................................................................................................... 7
7 ASSESSMENT ............................................................................................................................. 8
7.1 Assessment plan .......................................................................................................................... 8
7.2 Year mark and final examination/other options ........................................................................... 16
8 CONCLUSION............................................................................................................................ 17
APPENDIX: GLOSSARY OF TERMS .................................................................................................... 17

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1 INTRODUCTION
Dear Student

As part of this tutorial letter, we wish to inform you that Unisa has implemented a transformation
charter based on five pillars and eight dimensions. In response to this charter, we have also
placed curriculum transformation high on the agenda. For your information, curriculum
transformation includes the following pillars: student-centred scholarship, the pedagogical
renewal of teaching and assessment practices, the scholarship of teaching and learning, and
the infusion of African epistemologies and philosophies. These pillars and their principles will be
integrated at both the programme and module levels, as a phased-in approach. You will notice
the implementation in your modules and we encourage you to fully embrace these changes
during your studies at Unisa.

Welcome to Administrative law (ADL2601). As a student at a distance learning institution it

is important that you interact with your lecturers and fellow students. You can, therefore
expect that we will make contact with you on myUnisa, which will provide you with all the
information you require for your studies. We will also provide guidance to you with regard
to the study material and feedback on your performance (e.g. in the assignments). You must take
responsibility for your studies, which includes accessing the necessary study material on
myUnisa, studying the prescribed study material, and completing and submitting your
assignments before or on the due dates. We hope that you will enjoy this module and wish you
all the best!

Remember, as this is a blended module, you also need to use myUnisa to study and you need
to visit the websites on myUnisa for ADL2601 frequently. The website for your module is
ADL2601-20-S1 (for semester 01) or ADL2601-20-S2 (for semester 02).

Because this is a blended module, you need to go online to read your study material and to see
what you have to do for this module. Go to the following website: https://my.unisa.ac.za and
login with your student number and password. You will see “Administrative Law ADL2601-
20-S1” if you are registered for the first semester (or ADL2601-20-S2 if you are registered for
the second semester) in the row of modules in the orange blocks across the top of the web page.
Remember to also check in the “more”-tab if you cannot find the module in the orange blocks.
Click on the module you want to open.

The study material for this module will be available on myUnisa. It is thus very important that
you register on myUnisa and access the module site on a regular basis. You must be registered
on myUnisa to be able to access your study material, submit your assignments, for you to gain
access to various learning resources, “chat” to your lecturer or teaching assistant and fellow
students about your studies and the challenges that you might encounter, and to participate
in online discussion forums. Importantly, myUnisa contains the Official Study Material tool,
which is the only way in which you will be able to access the study material for this module
if you have registered and have access to myUnisa. The home page for this specific
module will explain how all the other tools fit into your learning experience. Please read it
carefully before you try accessing all the different online tools.

Because we want you to be successful in this online module, we will also provide you with
a printed copy of some of the study material, specifically the study guide and Tutorial Letter

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101 (this tutorial letter). This will allow you to read the study materials even if you are not online.
While these printed materials may appear to be slightly different from the online study material,
they are exactly the same and have in fact been copied from the online myUnisa website.

Remember that the printed support materials are a back-up of everything you can find online
on myUnisa. In other words, you should NOT wait for the printed support materials to arrive
before you start studying.

Please consult the Study @ Unisa publication for more information on how to activate your
myLife email address as well as obtaining access to the myUnisa module site.

1.1 Getting started …

Given the nature of this module, you can read about it and find your study material online. Go to
the website at https://my.unisa.ac.za and log in using your student number and password. You
will see [ADL2601-20-S1/S2] in the row of modules displayed in the orange blocks at the top of
the web page. Select the More tab if you cannot find the module you require in the blocks
displayed. Then click on the module you wish to open.
We wish you every success in your studies!

2 OVERVIEW OF ADL2601
2.1 Purpose
Students who have completed this module successfully will be able to apply the norms and
principles of administrative law. Additionally, this module seeks to expose students to the
complex situations, through case studies and relevant scenarios, which would enable them to
apply their knowledge to practical problems that may arise due to requirements for valid and
fair administrative action.
Consequently, students who complete this module will be equipped with knowledge, skills,
attitudes and competencies to analyse and critically evaluate legal material (in the light of the
right to just administrative action) and to formulate relevant legal arguments. The module
recognises the significance of the South African Constitution and that effectively the Bill of
Rights advocates for ubuntu, social responsibility and humanised law in the practice of
administrative law. The module can also be studied by persons who are administrators in the
public or private sectors and managers in all kinds of disciplines.

2.2 Outcomes
For this module, you will have to master several outcomes:

Specific outcome 1:
Analyse and evaluate legal material (the Constitution, legislation, case law and academic opinion)
directly pertaining to Administrative Law.
Specific outcome 2:
Formulate legal arguments to practical problems that may arise in a constitutional state where
just administrative action is a constitutionally protected right.
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Specific outcome 3:
Appreciate humanisation of the law and the overarching presence and influence of ubuntu
in modern Administrative Law.

3 LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s)
The primary lecturers for this module are:

Mr TA Manthwa
Department of Public, Constitutional and International Law
Telephone: 012 429 8922
Email: [email protected]
Office: 7-100, Cas van Vuuren

Dr A Anthony
Department of Public, Constitutional and International Law
Telephone: 012 429 8856
Email: [email protected]
Office: 7-18, Cas van Vuuren

3.2 Department
You can contact the Department of Public, Constitutional and International Law at 012 429 8339.

3.3 University
To contact the university, follow the instructions in the brochure Study@Unisa. Remember to
have your student number available whenever you contact Unisa.
When you contact a lecturer, please include your student number to enable him/her to help you
more effectively.

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4 RESOURCES
4.1 Joining myUnisa
The myUnisa learning management system is the university's online campus which will help you
communicate with your lecturers, fellow students and Unisa’s administrative departments.
To access the myUnisa website directly, go to https://my.unisa.ac.za. Click on the Claim UNISA
Login on the top of the screen on the myUnisa website. You will then be prompted to enter your
student number in order to claim your initial myUnisa details, as well as your myLife email login
details.
For more information on myUnisa, consult the brochure Study@Unisa, which you received with
your study material: www.unisa.ac.za/brochures/studies

4.2 Recommended books

None.
4.3 Electronic reserves (e-reserves)
None.
4.4 Library services and resources information
The Unisa Library offers a range of information services and resources:

 for brief information go to: https://www.unisa.ac.za/library/libatglance

 for more detailed Library information, go to
http://www.unisa.ac.za/sites/corporate/default/Library
 for research support and services (e.g. Personal Librarians and literature
search services), go to
http://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Research-support

The Library has created numerous Library guides: http://libguides.unisa.ac.za

Recommended guides:

 request and find library material/download recommended material:

http://libguides.unisa.ac.za/request/request
 postgraduate information services:
http://libguides.unisa.ac.za/request/postgrad
 finding and using library resources and tools:
http://libguides.unisa.ac.za/Research_skills
 Frequently asked questions about the Library: http://libguides.unisa.ac.za/ask
 Services to students living with disabilities:
http://libguides.unisa.ac.za/disability

Important contact information:

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 https://libguides.unisa.ac.za/ask - Ask a Librarian

 [email protected] - technical problems accessing library online services
 [email protected] - general library related queries
 [email protected] - for queries related to library fines and payments

5 STUDENT SUPPORT SERVICES

The Study@Unisa brochure is available on myUnisa: www.unisa.ac.za/brochures/studies
This brochure has all the tips and information you need to succeed at distance learning and,
specifically, at Unisa.

6 HOW TO STUDY ONLINE

6.1 What does it mean to study online?
Studying a blended module may differ completely from studying other modules at Unisa.

 All your study material and learning activities for blended and fully online modules
are designed to be delivered online via myUnisa.
 All your assignments must be submitted online. This means that you will complete all
your activities and submit all your assignments via myUnisa. You may however also post
your assignments to Unisa using the South African Post Office.
 All communication between you and the university happens online. Your lecturers will
communicate with you via email and SMS, and by using the Announcements, Discussion
Forums and Questions and Answers tools. You can also use all of these ways to ask
questions and contact your lecturers.
6.2 myUnisa tools
It is crucial that you log in to myUnisa regularly. We recommend that you do so at least once a
week, to do the following:

 Check for new announcements. You can also set your myLife email account so that you
receive announcement emails on your cell phone.
 Take part in the Discussion Forum. When you do the activities for each study unit, we
want you to share your answers with the other students. You can read the instructions and
even prepare your answers offline, but you will need to go online to post your messages.

We hope that by giving you extra ways of studying the material and practising all of the activities,
you will succeed in the online module. To get the most out of the online module you MUST go
online regularly, to complete the activities and assignments on time.

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7 ASSESSMENT
7.1 Assessment plan
The following is a breakdown of the formal assessment activities as they become due during the
semester:
There are two assignments for this module. Details regarding the submission of assignments
are available on myUnisa. All the other information regarding your examinations and how your
marks will be calculated, will also be available on myUnisa. The assignments for this module
are also available on myUnisa. The assignments serve as formative assessments to assist you
in going through the syllabus systematically and to provide support in your preparation for the
summative assessment (the examination). Moreover, the assignments serve to provide you with
a year mark. The two assignments are numbered “1” and “2”. Please ensure that you indicate
the assignments you submit correctly as either “1” or “2”. Each of the two assignments is
allocated a unique number. Please ensure that the particular unique number is reflected
correctly in your assignment answer.

Semester 01 (ADL2601-20-S1):

Unique number, assignment 01: 563451

Unique number, assignment 02: 614319

Semester 02 (ADL2601-20-S2):

Unique number, assignment 01: 861826

Unique number, assignment 02: 858412

Assignment due dates

Semester 01 (ADL2601-20-S1):
Assignment 01: Monday, 23 March 2020
Assignment 02: Monday, 13 April 2020

Semester 02 (ADL2601-20-S2):
Assignment 01: Monday, 24 August 2020
Assignment 02: Monday, 21 September 2020

Consult the website for your module (ADL2601-20-S1 (for semester 01) or ADL2601-20-S2 (for
semester 02)) under “frequently asked questions” for the necessary guidance on the way to
submit your assignment answers online.

The assignments

Semester 1
Assignment 01
Unique number: 563451
Due date: Monday, 23 March 2020
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Set of facts

The state owns large tracts of land that are often left vacant. A certain piece of state-owned land,
better known as Orange Wetlands, has been left vacant for several years. In 2004, a few
vulnerable households, desperate in need of housing, started to settle in the vicinity of Orange
Wetlands. During the past sixteen years the settlement has mushroomed into an established
informal settlement, generally known as the Orange Wetlands informal settlement, with more
than 15 000 residents. The settlement comprises of numbered dwellings, serviced sites and
established community networks. On 5 January 2020, Mrs Zondo, an official in the Department
of Human Settlements, decided that all the residents of the Orange Wetlands informal settlement
should be evicted in terms of section 6 of the Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act 19 of 1998. No reasons were provided.

Answer the following questions and substantiate your answers:

Question 1

Briefly explain what an administrative-law relationship is with reference to the given facts. (8)

Question 2

Explain if the decision by the administrator to evict all the residents of Orange Wetlands informal
settlement constitutes administrative action. In your answer you should give a full definition of
the concept “administrative action” as provided in the Promotion of Administrative Justice Act
(PAJA) 3 of 2000. (12)

Question 3

Suppose the decision to evict the occupiers does constitute an administrative action, is it
procedurally fair in terms of PAJA? Discuss the relevant provisions in PAJA in detail. (15)

Question 4

PAJA gives effect to the right to reasonable administrative action. The Constitutional Court has
given content to the relevant provision in PAJA that deals with reasonableness. Do you think the
occupiers of Orange Wetlands informal settlement’s right to reasonable administrative action
was infringed? Substantiate your answer with reference to PAJA and case law. (10)

[45]

Assignment 02

Unique number: 614319

Due date: Monday, 13 April 2020

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Instructions:

1. Your answer must be completed on a Unisa mark-reading sheet.

2. There are ten questions. Each question has a number of options, or possible answers. Only
one option/statement in each question is correct. You are required to identify the correct
option and mark only one of the squares (options) for each question. If you mark more than
one square in respect of a specific question, you will receive no mark for the answer to that
question.
3. The questions cover study units 1-12 of the study guide.

Marking of the assignment:

1. Each answer carries one mark.

2. No mark will be awarded for an incorrect answer.
3. No mark will be awarded for an unanswered question.
4. The assignment is not marked negatively, that is, marks will not be deducted for incorrect
answers.

Question 1

In …, the basic values and principles governing public administration are set out.

1. section 195(1) of the Constitution

2. section 33 of PAJA
3. section 1 of PAJA
4. section 239 of the Constitution

Question 2

Which one of the following does NOT define legality?

1. Lawfulness of state action.

2. All government action must be performed in accordance with certain set legal
principles.
3. Government by the law and under the law.
4. State action must be reasonable and procedurally fair.

Question 3

Legislation is a binding source of administrative law and includes …

1. administrative practice.
2. judicial precedent.
3. policy documents.
4. regulations.
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Question 4

When does a decision to reject an application for asylum become operative (take effect)?

1. upon the decision becoming known

2. upon the stated date of the commencement of the regulation
3. upon the date of the judgment
4. upon the expiry of 90 days

Question 5

Which one of the following is NOT an overarching concept incorporating all the requirements for
valid administrative action?

1. applying one’s mind to the matter

2. intra/ultra vires
3. administrative accountability
4. legality

Question 6

Which one of the following is NOT one of the forms of delegation?

1. mandate
2. directive
3. deconcentration
4. decentralisation

Question 7

The Constitutional Court interpreted the right to reasonable administrative action in the case of
….

1. Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 4 SA 490.
2. R v Chief Constable of Sussex, ex parte International Trader’s Ferry Ltd [1999] 1 All
ER 129.
3. Chairman, Board on Tariffs and Trade v BrencoInc 2001 4 SA 511.
4. Kotze v Minister of Health 1996 BCLR 417 (T).

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Question 8

The audi alteram partem rule means that…

1. the administrator must be reasonable.

2. the administrator must hear both sides.
3. the administrator must be impartial.
4. the administrator must be well educated.

Question 9

Section … of PAJA provides that a fair administrative procedure depends on the circumstances
of each case.

1. 4
2. 3(5)
3. 5(4)
4. 3(2)

Question 10

The administrator (to whom the request is made) is obliged to give the party who requested the
reasons within…

1. 180 days.
2. 65 days.
3. 90 days.
4. 75 days.
[10]

Semester 2

Assignment 01
Unique number: 861826
Due date: Monday, 24 August 2020

Set of facts:

Mr Ndima, a South African citizen, plays soccer for Bafana Bafana. The team has been invited
to play an international match in London, England, and Mr Ndima accordingly applies for a
passport at the Department of Home Affairs. Ms Strydom is the official in charge of Mr Ndima’s
application and decides to turn down the application without providing any reasons for her
decision. It later appears that Ms Strydom has a personal resentment towards Mr Ndima, since
her son, Mr Strydom (also a very competent soccer player), competed against Mr Ndima for a
position in the Bafana Bafana team, unfortunately unsuccessfully.

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Answer the following questions and substantiate your answers:

Question 1

Define “organ of state” in terms of the Constitution, 1996. Identify the organ of state in the set of
facts and show why such an identification of the organ of state is important. (12)

Question 2

Explain if the decision by Ms Strydom to turn down the application constitutes administrative
action. In your answer you should give a full definition of the concept “administrative action” as
provided in the Promotion of Administrative Justice Act (PAJA) 3 of 2000. (12)

Question 3

Discuss whether bias is in evidence in the set of facts. (11)

Question 4

PAJA gives effect to the right to reasonable administrative action. The Constitutional Court has
given content to the relevant provision in PAJA that deals with reasonableness. Do you think Mr
Ndima’s right to reasonable administrative action was infringed? Substantiate your answer with
reference to PAJA and case law. (10)

[45]

Assignment 02

Unique number: 858412

Due date: Monday, 21 September 2020

Instructions:

1. Your answer must be completed on a Unisa mark-reading sheet.

2. There are ten questions. Each question has a number of options, or possible answers. Only
one option/statement in each question is correct. You are required to identify the correct
option and mark only one of the squares (options) for each question. If you mark more than
one square in respect of a specific question, you will receive no mark for the answer to that
question.
3. The questions cover study units 1-12 of the study guide.

Marking of the assignment:

1. Each answer carries one mark.

2. No mark will be awarded for an incorrect answer.
3. No mark will be awarded for an unanswered question.
4. The assignment is not marked negatively, that is, marks will not be deducted for incorrect
answers.

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Question 1

Which of the following is a characteristic of an administrative-law relationship?

1 One of the legal subjects must be an officer in one of the national government
departments.
2 The person in the subordinate position must have been treated unfairly.
3 The organ of state forces the subordinate party to act in a certain manner.
4 The actions of the person clothed in state authority must have been unreasonable.

Question 2

A general administrative-law relationship is created, changed or ended by …, that is, by general

means.

1 legislation
2 judicial decision
3 any organ of state
4 the authorised organ of state

Question 3

Which one of the following is NOT a binding/authoritative source of administrative law?

1 The Constitution
2 Foreign law
3 Case law
4 International law

Question 4

An Act of Parliament that complements the provisions of the Constitution and is crucial to
administrative law as well is the …

1 Promotion of Access to Information Act 2 of 2000.

2 Prevention of Administrative Justice Act 3 of 2000.
3 Preferential Procurement Policy Framework Act 5 of 2000.
4 Public Service Act, 1994 (Proclamation 103 of 1994).

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Question 5

“Administrative action” is defined in section 1 of PAJA. Which one of the following examples
complies with this definition?

1 The prosecutor decides to continue prosecuting Mrs Radebe.

2 The municipal council of Diepsloot municipality fails to address the housing shortage.
3 Justice Naidoo holds the Minister of Home Affairs accountable for failing to issue Mr
Viljoen’s passport.
4 An officer in the Department of Health decides to appoint Ms Fargan as the architect to
design a new state hospital.

Question 6

Just administrative action is aimed at preventing organs of state, public institutions and
functionaries, as well as natural and juristic persons – administrators – from abusing or misusing
their power in their dealings with an individual who is in a subordinate position. Hence, the
constitutional demand that administrative action must be performed …

1 proportionally, legitimately and in a democratic manner.

2 cost-effectively and in a timely and transparent manner.
3 lawfully, reasonably and in a procedurally fair manner.
4 effectively, reliably and in a sensible manner.

Question 7

Any person whose rights have been materially and adversely affected by any administrative
action may request written reasons. Which of the following statements is correct?

1 The administrator has the discretion to provide the person affected with reasons.
2 The administrator is not obliged to provide the person with reasons if he/she acted in line
with the Constitution.
3 The administrator must provide written reasons within 90 days of making his/her decision.
4 The administrator to whom the request is made is obliged to furnish adequate reasons.

Question 8

In what circumstances may the minister identify a group of administrative actions in respect of
which the administrator must automatically furnish reasons?

1 When the court specifies that the minister may do so.

2 When a large group of individuals is negatively and adversely affected by the
administrative action.
3 When the administrator requests the minister to do so.
4 When it will be more time and cost efficient because of the nature of administrative action
taken.

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Question 9

A … is used where there is a clear legal dispute or legal uncertainty regarding administrative
action.

1 mandamus
2 declaratory order
3 review procedure
4 instruction

Question 10

Why should internal remedies first be exhausted before a court of law is approached?

1 The courts do not generally hear administrative disputes.

2 Administrative disputes are too expensive to be heard by the courts.
3 This helps to prevent the courts from being overloaded with cases.
4 Internal remedies provide better remedies than any the judiciary can offer.

7.2 Year mark and final examination/other options

Your year mark for this module is calculated as follows:
The year mark you obtain in the two assignments will count towards 20% of your final mark in
the examination. W hile the final exam will constitute 80% percent of your final mark. The student’s
year mark will be calculated together with the examination final mark. To ensure that you obtain
a good mark in the final exam, it is advisable that you submit both your assignments.

This module is offered in a semester period of fifteen weeks. This means that if you are
registered for the first semester, you will write the examination in May/June 2020 and the
supplementary examination will be written in October/November 2020. If you are registered for the
second semester you will write the examination in October/November 2020 and the
supplementary examination will be written in May/June 2021. The final examination for this
module is venue based and during the course of the semester, the Examination Section will
provide you with information regarding the examination in general, examination venues,
examination dates and examination times.

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8 CONCLUSION
Do not hesitate to contact us via email if you are experiencing problems with the content of this
tutorial letter or with any academic aspect of the module.
We wish you a fascinating and satisfying journey through the learning material and trust that you
will complete the module successfully.
Enjoy the journey!
Mr Manthwa and Dr Anthony – lecturers for ADL2601.
DEPARTMENT OF PUBLIC, CONSTITUTIONAL AND INTERNATIONAL LAW

APPENDIX: GLOSSARY OF TERMS

…

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