ADL2601

    January/February 2021

ADL2601
ADMINISTRATIVE LAW
Duration 2 hours 100 Marks

EXAMINERS:
FIRST Dr A Anthony
SECOND

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING

THE EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of four (4) questions. Answer ALL of the questions.

OR

3. The duration of the examination is two (2) hours. Your examination must be submitted
via myUnisa on 11 February 2021 on or before 10:00 (South African Standard Time).

4. This a closed book examination. While the examination is in progress, you are not
allowed to consult another person or any source in order to assist you to answer any of
the questions contained in this question paper. While the examination is in progress, you
may not assist another student in answering any of the questions contained in this
question paper.

5. Your answer to this examination must be submitted online on myUnisa.

5.1 Access to myUnisa

Access myUnisa at https://my.unisa.ac.za/portal.

5.2 Where do I download the examination question paper?

On the landing page for myUnisa (https://my.unisa.ac.za/portal), before login, find the link
to Login and download my Exam Question Paper for Jan/Feb 2021.
Click on this link to open the tool. Login with your student number and myUnisa password.
Find your module code on the next page and download your examination paper.

5.3 How do I upload my answer file?

5.3.1 On the landing page for myUnisa, before login, go back to the link where you downloaded
your examination paper: Login and download my Exam Question Paper for Jan/Feb 2021.

5.3.2 Login using your student number and myUnisa password

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Open Rubric
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5.3.3 On the next screen, find the module code for which you want to submit an answer file.
Click on the link to “submit answer file”. This link will only display if the examination session
is still open for file submissions.

5.3.4 A new screen will open that will guide you through the steps to upload your answer file.

Step 1: Load answer file from your PC to myUnisa and complete the Honesty Declaration
 Click on the Browse button next to File Name
 In the Choose File dialog box, select the file you want to upload, and then click OK. Be
careful. Select the correct document.
 Select the correct programme format from the File Format drop-down list. Most modules
only allow PDF formatted files to be uploaded.
 Read the Honesty Declaration statement.
 If you agree with the Honesty Declaration statement, type I AGREE in the text box. You
cannot continue with the upload process if you do not complete the requirements of the
declaration.
 Click on the Continue button.

Step 2: Verify the file details for final submission of your answer file
Use this step to verify that you are uploading the correct answer file to the correct course and
assessment number.
 Click on the Continue button to submit your answer file. If you do not click Continue, no
submission action will take place.
 Large files will take longer to upload than smaller files. Please be patient after you’ve
clicked Continue.
 If the wrong details, e.g. file name, appear on the screen, click Back to restart the file
upload process.

Step 3: Assessment submission report

This is your proof that your answer file was submitted. It is advisable to print this page or make a
screen capture for record purposes. A copy of this page will also be emailed to your myLife email
account.

5.4 Preparing your answer file

5.1. Your answer file must contain ALL the pages you want to submit. Do not submit
your scanned pages one-by-one. Each time you upload a file it REPLACES the
previous submission. Only the last file received by Unisa will be marked.

5.2. Do not password-protect your file. A 0 mark will be assigned.

5.3. The first page should clearly state your name, student number and the module code. Some
modules provide a custom title page. See the examination question paper for details.

5.4. Number all the pages in your answer file.

5.5. Write with a black pen, not a pencil, if the submission is handwritten.

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5.6. Use proper PDF conversion software to create the final file for upload. Free PDF
conversion software is available on the Internet.

5.7. Add your student number and the module code in the file name. That will assist you to
select the correct document to upload during submission.

6. It is preferred that your portfolio is typed, however, handwritten submissions will also be
accepted.

7. Whether your answers are typed or handwritten, your submission on myUnisa must be
made in the form of one PDF document.

9. If your answers are typed, ensure that the following requirements are adhered to. Items
9.3-9.6 applies to handwritten assignments as well.

9.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph,
and double line spacing after the paragraph.

9.2 The text must be justified.

9.3 All of the pages must be numbered in the bottom right hand corner of the page.

9.4 All margins must be 2.5cm, but the left margin must be 3cm.

9.5 South African English and not American English should be used. For example, the correct
spelling is “Labour” and not “Labor”.

9.6 Do not use abbreviations or SMS language.

.

10. The arguments that you make must be logical, well-structured and substantiated by all of
the relevant legal principles.

11.1 Ensure that you give reasons for each answer. Substantiate your answers by referring to
ALL of the relevant authorities, e.g. sections from relevant legislation and/or court cases
in the text or in your footnotes.

11.3 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the
area of work where the answer must be sought. Once you have done this, set out the
relevant legal principles. Deal only with those principles that relate to the given facts. Next,
apply these principles to the facts. This is where most of the students lose marks - they
set out the law in some detail, but then do not illustrate how it applies to the factual situation
they have been asked to solve. Finally, state your conclusion.

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PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent. No
other type of submission of your examination answer file will be accepted. This means that
emailed submissions will not be accepted for marking.

Makhulong (Pty) Ltd is an established mining company that has successfully operated its
business in the South African mining industry over the last five decades under the previous mining
regime. South Africa is the world’s biggest producer of platinum and Makhulong (Pty) Ltd was the
leading company that extracted platinum in the Botshelo complex, the main producing area of this
mineral in South Africa. Makhulong (Pty) Ltd, as leading company that specialised in extracting
and refining this metal, has spent nine years and millions of rands in order to improve its mining
operations, specifically related to the extraction and refinement of platinum.

In October 2017, the Minerals and Petroleum Resources Development Act 28 of 2002 (MPRDA)
came into operation, which makes provision for equitable access to and sustainable development
of the nation’s mineral and petroleum resources. In terms of the MPRDA, Makhulong (Pty) Ltd’s
limited real right to mine automatically ceased to exist on the date the Act came into operation. In
consequence, Makhulong (Pty) Ltd had to apply for “new order” mining rights to carry on with its
business. On 07 January 2019, Makhulong (Pty) Ltd applied for mining rights in the Botshelo
complex. The application was summarily turned down by the Department of Minerals and Energy
without giving any reasons to Makhulong (Pty) Ltd. In the interim, mining rights pertaining to the
Botshelo complex were granted to Seven Stars (Pty) Ltd. The official who turned down Makhulong
(Pty) Ltd’s application is a shareholder in Botshelo (Pty) Ltd.

Answer the following questions and substantiate your answers.

QUESTION 1

a) 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)

b) Is administrative action in evidence 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. (11)

c) Do the following actions constitute administrative action? Explain your answers.

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i) the enactment of the MPRDA (2)

ii) the decision of the Department of Minerals and Energy to grant Botshelo (Pty) Ltd
mineral rights (2)
iii) Makhulong (Pty) Ltd's request for reasons (2)
iv) the involvement of the official with Botshelo (Pty) Ltd as a shareholder (2)
[25]
QUESTION 2

a) Explain the relationship between PAJA and lawful administrative action (5)
b) What is the basis of administrative legality? (4)
c) Explain the principle of legality in the constitutional framework. (4)
d) Explain the difference between decentralisation and deconcentration (6)
e) Was the decision not to turn down Makhulong (Pty) Ltd’s application procedurally fair?
(6)
[25]

QUESTION 3

a) The rules of natural justice require that the administrator should be impartial. Discuss
whether bias is in evidence in the above set of facts.
(9)
b) Discuss fully whether Makhulong (Pty) Ltd has received reasonable administrative action
in terms of PAJA.
(7)
c) Suppose the reasons given for the refusal of Makhulong (Pty) Ltd’s application are that it
is not BEE compliant. Discuss whether this could be considered an “adequate” reason.
(9)
[25]

QUESTION 4

a) List the forms of internal control. (3)

b) Mention the advantages of internal control. (5)

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c) List the exceptions to the general rule that internal remedies must first be exhausted.
(8)
d) Explain the various forms of judicial control. (9)
[25]
TOTAL: {100}

©
UNISA 2020 

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