UNIVERSITY EXAMINATIONS UNIVERSITEITSEKSAMENS: UNISA lez. FSP ADL2601 (478645) May/June 2019 Administrative Law Duration 2 Hours 100 Marks EXAMINERS . FIRST PROF S VILJOEN ‘SECOND MR AT MANTHWA EXTERNAL MS MC ROOS Closed book examination This examination question paper remains the propery ofthe Unveriy of South Afi and may not be removed from the examination venue. This examination question paper consists of four (4) pages. + Answer ALL the questions + First read the set of facts before you answer the questions. + Pay attention to the ALLOCATION OF MARKS and adapt your answer accordingly. + Refer to relevant CASE LAW and OTHER LEGAL AUTHORITY. + Please do NOT SEPARATE SUBSECTIONS of questions. + Credit will be given to SYSTEMATIC PRESENTATION, GRAMMATICALLY CORRECT LANGUAGE and reference to LEGAL AUTHORITY.2 ADL2601 May/June 2019 Set of facts It has been said that “town-planning schemes are an institutional process for organising the ‘components of urbanised human settlement in such a way as to enhance welfare, prosperity, and progress to the highest feasible level’ Jetset Projects has lodged an application in terms of section 36 of the Western Cape Land Use Planning Act 3 of 2014 for the rezoning of its property zoned for residential purposes to “business” to bulld a several storied high boutique hotel on the Atlantic seaboard of Cape Town The Cape Town municipality refused the application after considering it at its monthly meeting and on the advice of the Cape Town Development Management Department Answer the following questions and substantiate your answers Question 1 11 Is administrative action in evidence in the set of facts? In your answer, you should give a full defintion of the concept “administrative action’, with reference to the provisions of the Promotion of Administrative Justice Act (PAJA) 3 of 2000 (15) 12. Identify the organs of state in the set of facts and substantiate your answer wuh reference to the definition of “organ of state” as provided in the Constitution 6 13. Is there an administrative-aw relationship in the set of facts? Give reasons for your answer (9) Bo] Question 2 Answer the following questions Each question 1s provided with a number of options as possible answers Only one option or statement in each question 1s correct You must therefore identify the correct option, and write down the option that you have identified as the correct one next to the question number 21 The municipality's decision in the set of facts ts an example of a (2) true administrative act (©) judicial administrative act (©) legislative administrative act (@) just administrative act 22 Just administrative action 1s defined in section 33 of the Constitution The term "can also be used to refer to just administrative action (a) proportionality (b) applying one’s mind to the matter (c) _ reasonableness TURN OVER@) 3 ‘ADL2601 May/June 2019 faimess 23 Consider the following statement “Any administrator must act within the powers conferred on him or her by the empowering statute " Which requirement mn section 33 of the Constitution resonates this statement? (a) Procedural fairness (b) _ Reasonableness (©) Lawtulness (@)—Impartality 24 The general rule regarding the delegation of powers 1s that the administrator who has authorty to take administrative action must exercise that authonty himseff or herself This principle was confirmed in the case of — where Innes ACJ stated the following “Where the legislature places upon any official the responsibilty of exercising a discretion which the nature of the subject-matter and the language of the section show can only be properly exercised in a judicial spint, then that responsibility cannot be vicariously discharged " (2) Unwersity of Pretona v Minister of Education 1948 4 SA 79 (T) (b) SA Freight Consolidators (Pty) Ltd v Chawman, National Transport Commission 1987 4 SA 155 (W) (©) Foster v Chairman, Commission for Administration 1991 4 SA 403 (C) (d) _—Shidiack v Union Government 1912 AD 642 25 Which of the following is NOT a form of abuse of power by an administrator? (2) audralleram partem (b) in fraudem legis (©) exercising power with an unauthorised purpose (d) exercising power using an unauthorised procedure 6) Question 3 31 Does the decision to refuse the application constitute procedurally fair administrative action in terms of PAJA? (18) 32 Was Jetset Properties entitled to reasons? Discuss fully with reference to PAJA, including whether reasons are important and why (15) 33 Whenill the decision by the municipality take effect? 3) 34 — Would the municipality be able to change its decision? Discuss with regard to the rules of the principle of functus officio (the task having been completed) @ [40 TURN OVER4 ‘ADL2601 May/June 2019 Question 4 41 List the forms of internal control and briefly outline the advantages thereof a 42 Does Jetset Properties have focus standi? Why? 8 43 Name which remedy(ies) you would advise Jetset Properties to pursue and give reasons for your answer @) 44 List the exceptions to the general rule that internal remedies must first be exhausted (7) [25} Total: {100} Unisa 2010