The module is based on the practice of law, current research, legislation and case law with the emphasis on the transformation imperative

1. ADL2016/201/1/2021
Tutorial Letter 201/1/2021
Administrative Law
Department of Public, Constitutional and
International Law
This tutorial letter contains important
information about your module.
Bar code
ADL2601

2. 2
CONTENTS
1 FEEDBACK TO ASSIGNMENT 01..............................................................................................33
2 FEEDBACK TO ASSIGNMENT 02..............................................................................................55
4 INFORMATION ABOUT THE SEPT/OCT 2021 EXAMINATIONS..............................................77

3. ADL2601/201
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1 FEEDBACK TO ASSIGNMENT 01
Set of facts
The Minister of Transport decides to close all taxi routes and the portion of the taxi ranks operated
by the Mangaung Taxi Association (MTA). The Minister plans to introduce a new bus service
system, which has commonly become known as the Batho Pele (BP). The purpose of the BP is to
improve public transport in the North West Province. MTA is aggrieved by the decision of the
Minister and points out that the BP can be implemented on other routes where no form of transport
is available and furthermore that the consequence would be that its 900 members would be
without jobs. MTA has persistently tried to make these representations to the Minister. The
Minister has refused to receive their representations and has made no attempt to give reasons for
the decision to close all taxi routes and the portion of the taxi ranks operated by MTA.
MTA contacts you. Advise MTA on the following and give well-substantiated reasons for all
your answers.
(a) Briefly explain what an administrative-law relationship is. Do you think MTA is a subject of
an administrative-law relationship? (7)
(b) Identify the organs of state in the set of facts and substantiate your answer with reference to
the definition of “organ of state” as provided in the Constitution. (5)
(c) Does the decision to close all taxi routes and the portion of the taxi ranks operated by MTA
constitute procedurally fair administrative action in terms of PAJA? (7)
(d) Explain the concept of proportionality with reference to the reasonableness of the decision
to close all taxi routes and the portion of the taxi ranks operated by MTA. (6)
[25]
FEEDBACK:
a) Two types of administrative law relationship exist. A general or objective and a specific or
individual relationship. In the case of the former, legal rules govern the relationship which
apply impersonally, meaning, in general and not specifically to a particular person. The
general relationship relates to a group of people and not the larger public in general. For
example, refugees or asylum seekers or a defined group of people who reside in a specific
area. The general administrative law relationship is created, changed or ended by
legislation.
In the case of a specific or individual relationship, legal rules apply specifically between
people. In other words, the legal subjects are specifically identifiable. For example, a

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specific refugee and the Department of Home Affairs, as opposed to a group of refugees in
which the legal subjects are not identifiable.
MTA would be a specific administrative law relationship as it pertains to Mangaung Taxi
Association and not Taxi Associations in General. The MTA is specifically identifiable by its
900 members. (7)
b) “Organ of state” is defined in section 239 of the Constitution. The Ministry of Transport
qualifies as an organ of state in terms of section 239(a) as it is “a department of state or
administration in the national, provincial or local sphere of government”. It may be argued
that the BP would constitute an organ of state which must be in line with the definition of
organ of state in section 239.
(5)
c) Section 3 of PAJA could be applicable based on the specific relationship between the state
and the MTA, however, section 4 of PAJA could also be applicable since the decision has a
broader impact on a specific group (MTA), a specific group of people (those who use the
transport provided by MTA and to be provided by the BP). The impact of the decision is
thus equal and impersonal. The requirements for section 4 thus do not contemplate one-on-
one engagement. Instead, section 4 requires that a public inquiry be held, or that a notice
and comment procedure be held or that both of these options be exercised. It is also
permitted that an alternative procedure be held, but must still be fair or another appropriate
procedure can be held. Section 4 then continues to give specific details as to how each of
these options should be exercised. It could be argued that both section 3 and 4 apply as the
decision would impact both individuals (members of the MTA) and the public who use the
transport. In that case, the requirements of both section 3 and 4 must be complied with.
Section 3 in respect of individuals who are impacted (each MTA member) and section 4 in
respect of the public. To this end, section 3 requires that adequate notice of the nature and
purpose of the proposed administrative action be given; a reasonable opportunity to make
representations; a clear statement of the administrative action; adequate notice of any right
of review or internal appeal and adequate notice of the right to request reasons. Based on
the refusal to receive representations, it can be safely concluded that neither sections 3 or 4
have been complied with. Therefore, the decision was not procedurally fair.
(7)
d) Proportionality forms part of the test of reasonableness of an administrative decision. The
question to be asked is whether the decision or action was proportional, in other words
whether the means used were proportional to its purpose. The administrator is required to
use only the means most appropriate to achieve the desired end. This means that there
must be a rational connection between the end and the means used to achieve the ends.
Meaning, a connection between the decision made or action taken, and the means or
method used to achieve it. The administrator is further required to take the action that
causes the least harm to those who will be affected. Lastly, a weighing up of the
advantages, disadvantages and the effect on the rights of those affect must be done. In
other words, a balance between the rights and duties and advantages and disadvantages
of the decision vis-à-vis those affected (both the MTA and the public) must be done.
(6)

5. ADL2601/201
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2 FEEDBACK TO ASSIGNMENT 02
Question 1
In section 195(1) of the Constitution, the … are set out. (1)
1 basic values and principles governing public administration
2 foundational principles regarding just administrative action
3 common law rules of natural justice
4 statutory requirements governing all state actions
ANSWER: 1
Question 2
A … administrative law relationship cannot be created, changed or ended by a decision by the
Director-General of Home Affairs. (1)
1 joint
2 subjective
3 individual
4 general
ANSWER: 4
Question 3
The Refugee Act 130 of 1998 is an example of a … (1)
1 persuasive source of law.
2 binding source of law.
3 policy document.
4 international document.
ANSWER : 2 The Refugee Act is legislation and therefore a binding source of law.
Question 4
It is important to determine whether administrative action is involved in a particular set of facts,
because administrative action is… (1)
1 the threshold requirement for the application of the right to just administration action.
2 the requirement that entitles the person in the subordinate position to immediately seek

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judicial review.
3 a requirement to hold a public enquiry in terms of section 4(5) of PAJA.
4 required to claim compensation for unjust decisions taken by organs of state.
ANSWER: 1
Question 5
In … Holmes JA held that the court will intervene only in cases where the administrative decision
is so grossly unreasonable as to warrant the inference that the authority had failed to apply its
mind to the matter. (1)
1 Standard Bank of Bophuthatswana Limited v Reynolds 1995 3 BCLR 305 (B); 1995 3 SA
74 (B)
2 Kotzé v Minister of Health 1996 3 BCLR 417 (T)
3 Roman v Williams 1997 9 BCLR 1267 (C); 1998 1 SA 270 (C)
4 National Transport Commission v Chetty’s Motor Transport 1972 3 SA 726 (A)
ANSWER: 4
Question 6 – CREDIT TO ALL STUDENTS
Which one of the following is the most common examples of bias? (1)
1 the presence of pecuniary/financial interest; and√
2 the presence of personal interest. √
3 A pecuniary (financial) interest
4 Conflict of interest
Question 7
Which one of the following is NOT one of the ‘sub-rules’ of the audi alteram partem rule? (1)
1 proper notice of intended action
2 reasonable and timely notice
3 reasons must be given
4 the rule against bias
ANSWER: 4 All other 3 options are part of the audi alteram partem rule.
Question 8 CREDIT TO ALL STUDENTS
In cases where an administrative action materially and adversely affects the rights of the public, an
administrator, in order to give effect to the right to procedurally fair administrative action, must
decide whether… (1)
1 to approach a court of law in terms of section 4(3).
2 to place an advertisement of the decision in the Provincial Gazette.

7. ADL2601/201
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3 to hold a public enquiry in terms of section 4(2).
4 to review the decision internally in terms of section 4(2).
Question 9
Which one of the following is not an example of internal control? (1)
1 Administrative decisions are thoroughly re-evaluated through internal control.
2 It is also possible to bring inefficient administrators to book.
3 Through internal control such administrators can be reprimanded or required to give an
explanation of their decisions.
4 Internal control is expensive and more time-consuming than judicial control.
ANSWER: 4
Question 10
Which one of the following is not an example of judicial control? (1)
1 Declaratory order.
2 Statutory appeal.
3 Mandamus.
4 Spoliation remedy.
ANSWER: 4. All students will be credited with one mark for this question 10 which will
reflect in the exam marks.
[10]
4 INFORMATION ABOUT THE SEPT/OCT 2021 EXAMINATIONS
The examination is scheduled for 17 September 2021 at 14h00 - 17h15. It is a three hour and
fifteen-minute paper worth 100 marks.
There are no multiple-choice questions in the examination, only scenario-based questions and
questions based on the theory of administrative law.
If you have any questions about the content of the module or this tutorial letter, please feel free to
contact us.
Good luck with your studies!
THE LECTURERS
UNISA