Faculty of Management Sciences

Department of Public Administration

& Economics

STUDENT GUIDE- 2022

Qualification:
Diploma: Public Management
Course Name: Public Law

Course Code: PULA100

2022 Version
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 ADMINISTRATIVE INFORMATION

Name of Lecturer : Ndlovu I.B.

Telephone : 031 907 7272

E-Mail : ndlovuib@mut.ac.z

Moderator : Mr V. Khumalo

E-mail : Khumalo.vuyani@mut.ac.za

HOD (Acting) : Dr B.Y.C. Mvuyana

Telephone : 031 907 7157

E-mail : mvuyanaBYC@mut.ac.za

Departmental Administrator : Mrs. P. Khuzwayo

Contact details : 031 907 7122.

E-Mail : khuzwayo.philile@mut.ac.za

Timetable :

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1. WELCOME AND INTRODUCTION

Welcome to the module “Public Law (PULA 100)”. I trust that you will find the
module interesting, useful and that it will contribute towards making you a
responsible member of society.

Law and legal regulation give shape and contours to society and its socio-
political order and law derives from an established and historically evolved social,
cultural, and political system and is a product of such system. Law is the outcome
of customs, mores, practices, and convictions which emanates within and grows
with a society; on the other, legal regulation in the hands of the legislature and
other law-making bodies constitutes a most powerful instrument in shaping
society in a normative and authoritative manner. This module will provide an
understanding of the role and place of public law in our legal public administrative
system.

There is a debate of what constitutes administrative law and public law,

Commonality between the two is that both are a result of an established socio-
political order. There is a significant relationship between Public law and
administration law, Wiechers defines administrative law as ‘section of public law
which governs the organization, powers and actions of the state administration’.
Having assumed that administrative law falls into the sphere of public law, the
boundary between public and private law will be determined if indeed such a
boundary exists.

The distinction between public and private law has long been a subject of debate
in South African legal circles and several criteria, none of which were entirely
satisfactory, have been used to illustrate this difference. The penetration of public
law into the sphere of private law has been discernible for some considerable
time and it must be agreed with Baxter that in the past this penetration has
occurred because of the increased public regulation of private activities, the

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private performance of performance of public service and the growth of
corporatism in modern states.

1.1 Purpose of the student guide

This student guide serves as an instrument for preparation. It will provide you
with an overview of the course and its prescribed syllabus. This course is
subdivided into chapters/modules so that you can plan your time and prepare
adequately for lectures and assessment. Moreover, it will enable you to be
systematic in the way you complete the syllabus.

2. COURSE OUTLINE
2.1 Purpose of the subject is to:
 Introduce the learner to the basic concepts and nature of public law.
 Describe the role of administrative law in the management of public affairs.
 Outline the different provisions of legislative framework informing
administrative law.

2.2 Learning outcomes

Upon the use and application of this module as a guide for learning, learners
should be able to:
 Explain the importance of public law in regulating and giving shape to
society.
 Observe the role of public law in public administration.
 Identify the different legislations that informs public law in South Africa.
 Report on the main pillars informing administrative justice in South Africa.

2.3 Critical Cross Fields Outcomes

Critical Cross Field Outcomes are embedded in the specified outcomes.

o Communicate effectively using visual and /or language skills in the modes
of oral and or written persuasions.

o Work effectively with others in a team,

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 o Identify and solve problems in which responses display responsible
conduct.

o Collecting and organising information.

o Demonstrate and manage the dynamics between the micro, macro, and
intermediate environments as a set of related systems by recognising that
basic problem solving does not exist in isolation.

2.4 Learning and teaching strategies

Teaching and learning will be through the medium of contact lecturing,

brainstorming activities, field work where necessary, small group’s discussions,
and presentations. The learning material used in this module includes
recommended books, journals government policies and regulations, newspaper
articles. Reflective competencies of the learners are enhanced by drawing on
Public sector case studies.

2.4.1 Learning Tools/ Methods

Mind Maps
These tools will assist you in conceptualizing the various aspects of the module.
Mind Maps are useful tool to connect ideas in a discussion.

Steps to Creating a Mind Map

 Create a Central Idea. The central idea is the starting point of your Mind
Map and represents the topic you are going to explore.

 Add branches to your map. The next step to get your creative juices
flowing is to add branches.
 Add keywords.

 Color codes your branches.

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  Includes images.

2.5 Tutorials
Tutors are responsible for delivering class learning, either online, face-to-face, or
both. They work under the guidance of the Assessor. Tutors are also the first
point-of-contact for students, and need to provide informative, respectful, and
timely advice, promptly escalating issues to the Assessor. Tutorials are
scheduled as per the timetable inserted in this guide.

2.6 Student Consultation Times

Student consultation times are made available to provide extra guidance and
assistance to students. Consultations outside the normal lecture times, can be in
contact or online. The aim of student consultation is to assist students to achieve
the best possible outcomes in their studies. These times may also be accessed
for clarification on assessments performance feedback. Students are expected to
have completed readings and attempted to solve problems by themselves prior to
consultation with the module facilitator. To provide fair access to all students, the
module facilitator may schedule a later consultation for the student.

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2.7 Composition of learning units
Week(s) Learning Units/Topic Learning Unit Objectives Learning Unit Outcomes
1-6 Learning Unit 1 The objectives of this learning After having completed this
Introduction into Public Law unit are to: learning unit you as the learner
 Definition of public law To explore with the learner the should be able to:
 Public law as part of concept of ‘public law’ by:  Identify the foundational public
administrative law  explaining different concepts law principles.
 Nature and scope of and principles relating to public  Explain the implications and the
administrative law law and administrative justice in role of these principles in the
 The impact of the South Africa exercise and control of public
Constitution on  Defining public law and its power.
administrative law purpose  Explain the influence of
 The relationship of  identifying sources of public law constitutional democracy and
constitutional and and explaining the development culture of human rights on our
administrative law of public law in South Africa and public law.
 Sources of other selected jurisdictions  Analyse different definitions of
administrative power public law.

7-12 Learning Unit 2 The objectives of this learning After having completed this
Just Administrative Action. unit are to: learning unit you as the learner

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  Promotion of Administrative
Justice Act (PAJA) 3 of 200
 Application of the Act
 Administrative action
affecting public.
 Reasons for
administrative action
 Judicial review of
administrative action
 Variation of time
 Designation and training
of presiding officers
13-18 Learning Unit 3
Administrative controls.
Orientate the learner on the
concept of just Administrative
Action by:
 to defining judicial review and
its purpose and explain what
judicial control over
administrative action entails.
 explaining what control over
administrative action entails and 
what form it can traditionally
take.
 Understanding and apply the
requirement of lawfulness &
reasonable set to facts.
 Understanding and apply the
general principle of procedural
fairness to a set of facts.
The objectives of this learning
unit are to:
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should be able to:
 explain the most important
sections in PAJA dealing with
reasonableness.
 briefly explain the most
important forms of legislative,
administrative, and judicial
controls
identify the most important
constitutional public bodies that
exercise control over
administrative action and briefly
set out their functions.
 explain the general lawfulness
requirement for administrative
action as required.
After having completed this
learning unit you as the learner
  Judicial control
 Administrative appeals
 Legislative oversight
 Public participation
 Chapter 9 institutions
 Access to information
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Learning Unit 4
Lawful & fairness and reasonable
Explore with the learner the
administrative controls by:
 Identify and explain the
different administrative
control mechanisms.
 justifying rationality of each
control mechanism with
administrative activities
The objectives of this learning
unit are to:
Orientate the learner to lawful,
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should be able to:
 outline and explain the
provisions dealing with
procedural fairness in PAJA,
with reference to the
relationship between procedural
fairness and the rules of natural
justice.
 explain the doctrine of
legislative expectations and
indicate with reference to case
law how it operates and when it
applies by the constitution.
 explain discretionary powers
and how the exercise of such
powers can determine the
lawfulness of administrative
action.
After having completed this
learning unit you as the learner
 administrative action.
 The requirement of authority
 Delegation of authority
 Audi alteram partem rule
 Nemo iudex in sua causa
 Error of law
 Mistake of fact
 Ulterior purpose or motive
 Bad faith (mala fides)
 Failure to apply the mind.
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Learning Unit 5
Remedies in judicial review
fairness and reasonable
administrative action by:
 explain the importance and
justification of lawfulness,
fairness, and
reasonableness with
administrative actions.
 defining major concepts
informing lawful, fairness
and reasonable
administrative action
The objectives of this learning
unit are to:
Explore with the learner procedures learning unit you as the learner
and remedies in judicial review by:
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should be able to:
 distinguish between procedural
fairness in respect of
administrative action impacting
on the rights of a person and
administrative action impacting
on the public.
 Explain the test for bias as
tested in PAJA.
 Explain the importance of
reasons for effective decision-
making.
After having completed this
should be able to:
proceedings
 The constitutionalisation of
judicial review and the status
of PAJA
 Review and related remedies
 The procedure for review
 Remedies in proceedings for
judicial review
 Special statutory remedies
 Obstacles to judicial redress
 Examining the legal  Explain the right to reasons for
procedures and remedies of administrative action and
administrative actions indicate how it is provided for in
 Discuss the remedies and PAJA.
procedures for  Understand and apply the
administrative actions. regulations for the right to
reasons.
 Select and apply the appropriate
procedure for bringing an
application for judicial review
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2.8 Assessment strategies

In subscribing to the principles of assessment and integrating theory and practice

a range of formative and summative assessments methods will be used by the
moderators and assessors in assessing this module. This will ensure that the
outcomes, embedded knowledge as well as the critical cross field outcomes are
assessed.

In the context of this qualification the term integrated assessment implies that
both the theoretical and practical components should be assessed together. To
these end case-studies, simulations, practical projects, tests, examinations,
presentations will be used in assessing the learners in this module. The following
formative and summative assessments will be used in assessing the learners:

Formative Assessments:

 Written or Oral tests

 Simulations
 Assignments
 Case studies and
 projects

2.8.1 Determination of Course Mark

The weighting for the assessment/ evaluation will be as follows:
1 x Group Assignment/Projects = 33, 1/3
1x First Test = 33, 1/3
1x Second Test = 33, 1/3 each
=Duly Performance (DP) (Minimum of 40%)
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2.8.2 Final Mark Calculation
The year mark is calculated as follows:
DPx40% + EMx60% = FM (Min.50%)

2.8.3 Assessment and People with Disabilities

Students wishing to apply for special assessment conditions do so 5 days before
the assessment is conducted. This application should be submitted to the
lecturer.

2.8.4 TEMPLATE FOR ASSIGNMENT AND ESSAY PREPARATIONS

These guidelines will assist in the planning and implementation of
Projects/Assignment in this Programme.

A. Planning your Project:

Once you have received your assignment topic, write your project plan by answering the
following questions:
 What do you want to do?
 Why do you want to do this?
 What help do you need to start your project?
 What do you need before you start the actual work? Are there people you need to
speak to?
 How long will it take you to complete the project? Set timelines for each part of your
project, by giving yourself enough time to do everything. You can even assign
responsible people.
 How often will you work on this project?
 Will you need help form others? Identify them.
 What are you hoping to learn from this project?

Once you have written the project plan, show it to your lecturer and ask for feedback.
This feedback is important in helping you to think carefully about your project before you
start. Remember the better planning the more the chances of success.

B. Implementing the project:

Once you start doing the work, refer to your timelines often. Try to catch up on a free day
rather than letting things go further and further behind.
Also remember to keep accurate and comprehensive notes of everything you are doing.
It is best to write these notes soon after each activity, so that you can capture what
happened while the experience is still fresh in your mind.
When you are about halfway through the project, refer to the two questions above:
 Why do you want to do this project?
 What are you hoping to learn from this project?
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The responses to this question will help you determine if you still on track.

C. Writing up the report.

At the end of your project work, you need to write a report covering the following areas:
What did you do?
How you did this,
Why did you choose to do this?
What were your findings and conclusion?
What did you learn from this project?

STRUCTURE OF THE WRITTEN ASSINGMENT/PROJECTS.

Structure What happens here Hints

1.Introduction  Introduces the topic  It is useful to look
 Sets the scene for the reader. again at the
 Says what the main question introduction after
to discuss is. the body of the
 Say why the topic and assignment is
research question are finished: you may
important. have gained
 Summarises the main points. more insights
since you had
written the
introduction.

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2.Body  Forms the main part of the  Focus on one
assignment. point of the
 Has the form of an argument. argument at a
 Gives answers to the time.
research question.  Write logically.
 Contains information found  Use formal, clear
through the research. language
 Gives evidence like examples including good
and case studies to support sentence
the argument. structure.
 Explains information.  Write only as
 Offers results and much as is
explanations. required.
 State conclusions.  Check spelling.
 Make recommendations.  Name your
source when you
3.Conclussion use ideas that
you picked up in
other people’s
 Summarises the main point. work.
 Make any concluding
comments on these points.
 Closes the argument and  Be brief, but
research on a strong note. clear.

TIPS FOR ASSIGNMENT PREPARATION

1. Organise yourself: draft a schedule of dates and steps.

2. Start immediately.

3. Plan every step ahead.

4. . Read the topic carefully, underline keyword and make sure you
understand them,

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 5. Research as much as possible: Use all available resources like a
library, internet, newspapers, magazines, and journals and draw on
people who know about the topic. Keep record of all your sources
for the reference in your assignment,

6. Write your assignment outline as a guide,

7. Use a mind map to plan your content,

8. Write down keywords to develop a structure of what you intend to

write,

9. Frequently refer to your plan to make sure that you follow your
structure.

10.  Read your essay loud.

11. Edit, correct grammar, spelling and references and rewrite.

12. Keep relevant papers, documents, and notes in one place.

13. Organise yourself: draft a schedule of dates and steps.

14. Start immediately.

3. CLASS RULES

3.1.1 Attendance of classes

General Rule 21 apply, which states that attendance to lectures is compulsory for
all students and a reason for absence must be given to the lecturer (refer to G.18
(e) &G.21). 80% of attendance of lectures is compulsory since lectures usually
cover, at least in outline; the essential contents of each section and give

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guidance with regards to further readings. Furthermore, announcements, for
example, about test dates, are made in class from time to time.

3.1.2 Online netiquette

 Always mute your speaker when you are not speaking to the class.
 Use your initials, surname, and student number when you join the class.
 Create a conducive study space.
 Join the class discussion on time.
 Use the hands up icon to raise your hand, and always lower your hands
once noted and attended to.
 Stay focused by not being distracted by other online resources or
websites.

3.2 Assessments submission Rules

 All assessments must be submitted on the due date.
 Hard and soft copies will be accepted.
 Each student must retain securely a copy of the submitted assessment.

3.2.1 Re-submission of assessments

The assessors reserve the discretion to allow a re-submission of the failed
assignment/project where the candidate has (i) made what is considered a good
faith attempt to pass the assignment / project; (ii) submitted work of poor

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standard; (iii) submitted an assignment/ project with a turn-it-in report that
exceeds the required percentage.
3.2.2 Late submission penalties
Candidates are warned against no adherence to due date/s for any work
assigned to them. Assessments that are received late will be subjected to a 5%
per day reduction of the mark obtained until the mark reaches zero. For
example, an original mark of 67% would be successively reduced to 62%, 57%,
52%, 47% etc.

3.2.3 Collection of Marked work/assessments

All marked work/assessments will only be distributed in the lecture venue and
electronically, to prevent any congestion on departmental corridors and offices.

3.3 Absenteeism when assessments are done.

Learners are advised to avail themselves for all scheduled assessments. In the
case where the learner could not avail himself/herself for any assessment,
necessary documentation with valid reasons must be submitted to the lecturer.
Learners who are absent in an assessment should inform the lecturer and submit
supporting documents within 5 working days after the assessment was
conducted, to qualify for re-assessment. Failing to do so will result in a zero mark
being allocated to a student on that assessment.

3.4 Usage of cell phones/tablets during lectures

As a learner at the University of Technology, use of the above-mentioned
instruments are permitted for usage during lectures only for educational
purposes. However, it is common courtesy to put devices such as
cell phones and laptops away during presentations and discussions as alerts and
notifications from devices can distract you and others.

3.5 Plagiarism
Plagiarism is copying another person's text or ideas and passing the copied
material as your own work…You must both delineate (i.e., separate and identify)

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the copied text from your text and give credit to (i.e., cite the source) the source
of the copied text to avoid accusations of plagiarism.

Mangosuthu University of Technology promotes and emphasizes the need for

academic integrity to all students in learning and assessment activities. Refer to
Institutional Policy on Plagiarism. Candidates are required to submit their
assessment for the text matching software turn-it-in and the report to accompany
the submission.

3.6 Verification of Assessments Marks

Candidates are required to verify and sign for their assessment’s marks within
seven (7), discrepancies should be brought to the attention of the lecturer within
seven days, after which no change of marks will be entertained. This will only be
done in class to avoid any congestion on departmental corridors and offices.

4 RECOMMENDED READINGS/BOOKS
4.1 Prescribed Book: (All learners must by this book!!!)
 G. Quinot. 2020. Administrative Justice in South Africa: An
Introduction. 2nd edition. Oxford University Press. Cape Town

4.2 Recommended Readings: (Can be searched on the library):

 Y. Burns.1996. Administrative Law under the 1996 Constitution.
Butterworths Publishers. Durban
 L. Baxter. 1984. Administrative Law. Juta Publishers. Cape Town
 C. Hoexter & G. Penfold. 2021. Administrative Law in South
Africa. 3rd edition. Juta Publishers. Cape Town
 M. Wiechers. 1985. Administrative Law. Butterworth Publishers.
Durban
 I.M. Rautenbach & E.F.J. Malherbe. 2009. Constitutional Law.
LexisNexis Publishers. Johannesburg.
 P. De Vos. 2021. 2nd edition. South African Constitutional Law in
Context. Twelfth impression. Oxford University Press. Cape Town

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4.3 Legislations:
 The Constitution of the Republic of South Africa, 1996.
 Promotion of Administrative Justice Act 3 of 2000

5 ACADEMIC SUPPORT SERVICES AND RESOURCES

To ensure that you have all the support you need to complete this course/module
successfully, you can access the details of the resources and academic support
services through the following hyperlinks/QR Codes:
5.1 Resources
 Recommended e-books
 Timetable
 Videos
 Journals
 Assignments
 List of action verbs
Analyze: The word ‘analyze’ is seldom used directly in essay
questions. If you are asked to analyze a proposition,
you are being called upon to evaluate it.

Compare: When asked to ‘compare’, you should bring out the

points of similarity and difference in the aspects
required to be compared.

Contrast: When instructed to ‘contrast’, you should stress

dissimilarities or differences in the aspect required to
be compared.

Critique: In ‘criticism’ you should express your judgment with

respect to the correctness or merit of the factors
under consideration. You are expected to give the
results of your own analysis to both the limitations

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 and the good points. In other words, you may
approve or disapprove; or approve in part or
disapprove in part. You must obviously justify
your criticisms with sound reasons.

Define: Definitions call for concise, clear, authoritative

meanings. In such statements, details are seldom
required, but boundaries or limitation of the
definition should be briefly noted. You may compare
the concept to be defined with another concept in the
same class, to bring out the meaning of the
concept more clearly.

Describe: To ‘describe’ means to give an account of, to draw a

picture in words.

Discuss: The term ‘discuss’ directs you to talk about a

particular topic. You must consider the topic from
various points of view, presenting all the different
sides.

Enumerate: To ‘enumerate’ simply means ‘list’. In such

questions you recount, one by one, in concise form,
the points required.

Evaluate: In an evaluation question, you are expected to

discuss both the advantages and limitations of the
concept or subject in question. You must give the
views of various authorities on the advantages and
disadvantages. You should also give your opinion,
supported by proper reasons, regarding the subject
matter you are required to evaluate.

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 Explain: In explanatory answers you must clarify the material
you present. In such an answer it is best to
state the “how” and the “why”. The idea is to
make plain the conditions which give rise
to whatever you are examining.

Illustrate: A question which asks you to ‘illustrate’

usually requires you to explain or clarify your
answers to a given problem by presenting a figure
diagram or a concrete example.

Interpret: An interpretation question is like the one

requiring an explanation. You are expected to make
clear or to give the meaning of something.
Furthermore, you are usually required to give your
judgment or reaction to the problem.

Justify: When you are instructed to ‘justify’ your answer, you

must prove or show grounds or reasons for the
decisions or conclusions arrived at.

List: Listing is like ENUMERATING

Motivate: A question that asks you to ‘motivate’ requires you to

give reasons for your answer or to show grounds for
your opinions or conclusions.
Outline: When required to ‘outline’, you should give the main
ideas and the essential supplementary materials and
omit minor details.

State: In questions which direct you to ‘state’, ‘specify’,

‘give’ or ‘present’, you are called upon to express the
main points in brief, clear form. Details and
examples may be omitted.

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 Summarize: When asked to ‘summarize’ or ‘present a
summary’, you should give the main points or facts
briefly. All details, illustrations and elaborations are
to be omitted.

Prove: To ‘prove’ something requires you to establish the

truth thereof by way of factual evidence or logical
reasoning.

Relate: In a question which asks you to ‘show the

relationship’ or to ‘relate’, your answer should
emphasize connections and associations, usually in
descriptive form.

 Referencing guide
 Assignment rubrics
 Academic Identity document

5.2 Academic Support Units/Department

 Resource Centre/ Library Services
 Academic Literacy and Language Unit (ALLU)
 Teaching And Professional Development Unit (TPDU)

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