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MODULE NAME: MODULE CODE:

ADMINISTRATIVE LAW PRAL6222
PRACTICAL ADMINISTRATIVE LAW PRAL6212

ASSESSMENT TYPE: TAKE-HOME EXAM (PAPER ONLY)

TOTAL MARK ALLOCATION: 120 MARKS
TOTAL TIME: This assessment should take you 2 Hours to complete, however
you have 21 Hours (midnight to 9PM on the same day) to
submit. This additional time has been allocated to allow for the
download, completion, and upload of your submission.
By submitting this assessment, you acknowledge that you have read and understood all the rules
as per the terms in the registration contract, in particular the assignment and assessment rules in
The IIE Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in
the Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the
student portal.

INSTRUCTIONS:
1. Please adhere to all instructions. These instructions are different from what is normally
present, so take time to go through these carefully.
2. Independent work is required. Students are not allowed to work together on this
assessment. Any contraventions of this will be handled as per disciplinary procedures in The
IIE policy.
3. No material may be copied from original sources, even if referenced correctly, unless it is
a direct quote indicated with quotation marks.
4. All work must be adequately and correctly referenced, and this must be done using the IIE
Legal Referencing Guidelines.
5. You should paraphrase the concepts (use your own words) that you are referencing, rather
than quoting directly.
6. Marks will be awarded for the quality of your paraphrasing.
7. This is an open-book assessment.
8. Your assessment may be handwritten or typed.
9. Answer all questions.
10. For typed assessments: ensure that you save a copy of your responses.
10.1. Complete your responses in an MS Word document.
10.2. The document name must be your name, student number and Module Code.
10.3. Once you have completed the assessment, upload your document under the
submission link in the correct module in Learn.
11. If you are completing a hardcopy in your own handwriting:
• You need to complete your questions in your own handwriting on paper.
• Ensure that all your pages are numbered on the top right-hand side of the page –
e.g., 1 of 12.

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• Please work neatly, write clearly, and ensure that your questions are clearly
numbered in a coherent order so that you do not lose marks because your lecturer
cannot read your handwriting or cannot follow the orderly flow of your questions in
the paper.
• Either (i) Scan your pages OR (ii) photograph your pages. Ensure that the pages are in
the correct order.
• Label your photographs or scanned paper as follows: Name, Student Number,
Module Code and Page 1; (for each page in the event that you are scanning
photographs or separate scanned pages. Where you scan the whole paper all at
once, you need only use this label once). It is also suggested that you write your
name, student number and module code at the top or bottom of your pages.
• Once you have completed the assessment, upload your document under the
submission link in the correct module in Learn.
• When referencing according to the IIE Legal Referencing Guidelines in your own
handwriting, keep some space at the bottom of each page to write in your footnotes
as if you were inserting them using MS Word and remember to include a written
bibliography at the end of your paper.

Additional instructions:
• Dictionaries and calculators are allowed.
• Answer all questions.

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Referencing Rubric – IIE Legal Referencing Guidelines

Providing evidence based on valid and referenced academic sources
is a fundamental educational principle and the cornerstone of high-
quality academic work. Hence, The IIE considers it essential to
develop the referencing skills of our students in our commitment to
achieve high academic standards. Part of achieving these high
standards is referencing in a way that is consistent, technically
correct, and congruent. This is not plagiarism, which is handled
differently.
Poor quality formatting in your referencing will result in a penalty of
a maximum of ten percent being deducted from the percentage
awarded, according to the following guidelines. Please note,
however, that evidence of plagiarism in the form of copied or
uncited work (not referenced), absent reference lists, or
exceptionally poor referencing, may result in action being taken in
accordance with The IIE’s Intellectual Integrity Policy (0023).
Markers are required to provide feedback to students by indicating
(circling/underlining) the information that best describes the
student’s work.
Minor technical referencing errors: 5% deduction from the
overall percentage – the student’s work contains five or more
errors listed in the minor errors column in the table below.
Major technical referencing errors: 10% deduction from the
overall percentage – the student’s work contains five or more
errors listed in the major errors column in the table below.
If both minor and major errors are indicated, then 10% only (and
not 5% or 15%) is deducted from the overall percentage. The
examples provided below are not exhaustive but are provided to
illustrate the error

Required:
Technically correct referencing
style
Consistency
• The same referencing format
has been used for all footnote
references and in the
bibliography/reference list.
Technical correctness
Referencing format is technically
correct throughout the
submission.
The correct referencing format
for the module’s discipline has
been used, i.e., either APA, OR
Harvard OR Law
Position of the reference: a
reference is directly associated
with every concept or idea.
For example, quotation marks,
page numbers, years, etc. are
applied correctly, sources in
the bibliography/reference list
are correctly presented.
Congruence between footnote
referencing and bibliography/
reference list
• All sources are accurately
reflected and are all accurately
included in the bibliography/
reference list.
In summary: the recording of
references is accurate and
complete.
Minor errors in technical correctness of
referencing style
Deduct 5% from overall percentage.
Example: if the response receives 70%,
deduct 5%. The final mark is 65%.
Minor inconsistencies.
• The referencing style is generally
consistent, but there are one or two
changes in the format of footnote
referencing and/or in the bibliography.
• For example, page numbers for direct
quotes (footnote) have been provided
for one source, but not in another
instance. Two book chapters
(bibliography) have been referenced in
the bibliography in two different
formats.
Generally, technically correct with some
minor errors.
• The correct referencing format has been
consistently used, but there are one or
two errors.
• Concepts and ideas are typically
referenced, but a reference is missing
from one small section of the work.
• Position of the references: references
are only given at the beginning or end of
every paragraph.
• For example, the student has incorrectly
presented direct quotes (footnotes)
and/or book chapters
(bibliography/reference list).
Generally, congruence between the
footnote referencing and the
bibliography/ reference list with one or
two errors.
• There is largely a match between the
sources presented footnote and the
bibliography.
• For example, a source appears in the
text and/or footnotes, but not in the
bibliography/ reference list or vice
versa.
In summary, at least 80% of the sources
are correctly reflected and included in a
reference list.
Major errors in technical correctness of referencing
style
Deduct 10% from the overall percentage.
Example: if the response receives 70%, deduct
10%. The final mark is 60%.
Major inconsistencies.
• Poor and inconsistent referencing style used in
footnotes and/or in the bibliography/ reference
list.
• Multiple formats for the same type of referencing
have been used.
• For example, the format for direct quotes
(footnotes) and/or book chapters (bibliography/
reference list) are different across multiple
instances.
Technically incorrect.
• The referencing format is incorrect.
• Concepts and ideas are typically referenced, but a
reference is missing from small sections of the
work.
• Position of the references: references are only
given at the beginning or end of large sections of
work.
• For example, incorrect author information is
provided, no year of publication is provided,
quotation marks and/or page numbers for direct
quotes missing, page numbers are provided for
paraphrased material, the incorrect punctuation is
used (footnote); the bibliography/reference list is
not in alphabetical order, the incorrect format for
a book chapter/journal article is used, information
is missing e.g. no place of publication had been
provided (bibliography); repeated sources on the
reference list.
A lack of congruence between the footnote
referencing and the bibliography.
• No relationship/several incongruencies between
the footnote referencing and the
bibliography/reference list.
• For example, sources are included in footnotes,
but not in the bibliography and vice versa, a link,
rather than the actual reference is provided in the
bibliography.
In summary, at least 60% of the sources are
incorrectly reflected and/or not included in
reference list.

Overall Feedback about the consistency, technical correctness and congruence between footnote referencing and bibliography:

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INSTRUCTION TO STUDENTS: Kindly take note of the page limits prescribed per question where
applicable. Any additional writing that is more than the page limits per question will not be
marked by your lecturer. You must be guided by the mark allocation per question in this regard.
Marks will not be awarded for irrelevant information or “waffling” given in answers.

Question 1 (Marks: 20)

Katlego wants to challenge the validity of the reasons that he has been given for the refusal of a
disability grant by an administrator. The reasons were provided to Katlego by the Department of
Social Welfare in a “standard form reasons letter”.

The form that was given to Katlego reflects the following outcome in relation to the disability grant:

Application is rejected for the following reason:

1. Not disabled [ ]
2. Condition is treatable [ ]
3. Specialist’s report is required [ ]
4. Medical form incomplete [ ]
5. Not enough objective medical information [ ]

You note that the administrator placed a tick in the first box, citing that Katlego is “not disabled”.

In not more than two pages in length, answer the following questions:
Q.1.1 Briefly explain who may request reasons. (5)

Q.1.2 Discuss what Katlego must do in order to obtain reasons. (5)

Q.1.3 Set out any six prerequisites that a court would consider to determine whether the (6)
reasons given by an administrator are adequate.

Q.1.4 Provide your reasoned opinion on whether Katlego would be successful in showing (4)
that the reasons given by the administrator above are inadequate.

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Question 2 (Marks: 20)

Charmaine and Steven Johnson are delighted about being notified that there is a baby available for
adoption at a children’s home that they have previously visited. The Children’s Act 38 of 2005
requires that the Provincial Head of Social Development recommend the adoption of the child.
Due to the delay in the Provincial Head signing the necessary recommendation, the Johnson’s have
been advised that the adoption may be in jeopardy due to the delay.

In not more than two pages in length, answer the following questions:
Q.2.1 Explain what a court must take into account when deciding on the best remedy (5)
where somebody’s administrative law rights have been infringed.

Q.2.2 Identify any five remedies that are available in judicial review proceedings. (5)

Q.2.3 Differentiate between a prohibitory interdict and a mandatory interdict. As part of (8)
your answer, you must also point out which one of these interdicts is applied in
administrative law.

Q.2.4 Indicate to the Johnson’s which interdict would be best suited to compel the Head (2)
of Social Development to sign the recommendation.

Question 3 (Marks: 20)

In not more than two pages in length, answer the following questions:

Q.3.1 The MEC for Economic Development, Tourism, and Environmental Affairs in the North West
Province is empowered by the National Minister of Trade and Industry to issue liquor
licences in terms of national legislation. The MEC has delegated these powers to the North
West Liquor Authority.

Q.3.1.1 Explain what is meant by “delegation” of authority. (2)

Q.3.1.2 If the National Minister has delegated the power to the MEC, comment (2)
on whether the MEC can now delegate the power to the Liquor Authority.
Q.3.1.3 Identify the term that describes the further act of handing over authority. (2)
Q.3.1.4 Provide any other example of a delegation. (2)

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Q.3.2 Nthabiseng applies for a tourism license. The official at the Provincial Tourism Authority
who is reviewing Nthabiseng’s application is a good friend of Nthabiseng’s mom.

Answer the following questions:

Q.3.2.1 Briefly explain whether the official should be allowed to consider (4)
Nthabiseng’s application and what your advice to the official would be.
Q.3.2.2 Discuss any three scenarios in which it may appear that an administrator (6)
is biased or may create a reasonable apprehension of bias, with an
example of each scenario.
Q.3.2.3 If there is suspected bias or suspicion of bias after a decision is made, (2)
Advise briefly on what must be done.

Question 4 (Marks: 20)

Thato and Terry are members of the Department of Public Works and Infrastructure. They have
received notice from the Department about disciplinary action being instituted against them (Thato
and Terry) for unauthorised absence from work. Thato and Terry were given 48 hours to make
representations before the decision was taken.

In not more than two pages in length, answer the following questions:
Q.4.1 Discuss what the term “adequate notice” means in the context of procedural (5)
fairness.

Q.4.2 Discuss the requirement that you must be given “a reasonable opportunity to (10)
make representations” and whether you believe the members have been given
such an opportunity or not.

Q.4.3 Once a decision is taken by an administrator, explain what the outcome of the (5)
decision should include.

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Question 5 (Marks: 40)

In a note that is not more than three pages in length, discuss whether the Office of the Public
Protector contributes to constitutional democracy in South Africa or not.

Your discussion should make reference to the following:

• A definition of what the public protector is;

• What the functions of the public protector are;
• Your argument for whether or not the Public Protector contributes to constitutional
democracy in South Africa; and
• An example of an investigation that the Public Protector has conducted in South Africa.

NOTE: 30 marks are to be awarded for your analysis and 10 marks are to be awarded for the skill
that you use to answer this question.

END OF PAPER

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