Faculty of Management Sciences

Department of Public Administration

& Economics

STUDENT GUIDE- 2024

Qualification:
Diploma: Public Management
Course Name: Public Law

Course Code: PULA100

2024 Version
 Table of Contents
ADMINISTRATIVE INFORMATION………………………………………………………………………3
1. WELCOME AND INTRODUCTION........................................................................................4
1.1 Purpose of the student guide…………………………………………………………………………5
2. COURSE OUTLINE……………………………………………………………………………………. 5
2.1 Purpose of the subject……………………………………………………………………………..5
2.2 Learning outcomes…………………………………………………………………………………5
2.3 Critical Cross Fields Outcomes………………………………………………………………… 6
2.4 Learning and teaching strategies…………………………………………………………….. 6
2.5 Learning Tools/Methods......................................................................................................... 7
2.5.1 Tutorials....................................................................................................................... 8
2.6 Learners Consultation Times.............................................................................................. 8
2.7 Assessment strategies......................................................................................................... 8
2.7.1 Determination of Course Mark.......................................................................................... 9
2.7.2 Final Mark Calculation....................................................................................................... 9
2.7.3 Assessment and People with Disabilities..........................................................................9
3. CLASS RULES......................................................................................................................... 10
3.1.1 Attendance of classes………………………………………………………………………. 10
3.1.2 Online netiquette………………………………………………………………………………. 10
3.2 ASSESSMENTS SUBMISSION RULES…………………………………………………………
…………………………………………………………………………………………………………… 11
3.2.1 Re-submission of assessments…………………………………………………………….. 11
3.2.2 Late submission penalties………………………………………………………………… 11
3.2.3 Collection of marked work/assessments……………………………………………………11
3.3 Absenteeism when assessments are done……………………………………………………11
3.4 Usage of cell phones/tablets during lectures…………………………………………………11
3.5 Plagiarism……………………………………………………………………………………………12
3.6 Verification of Assessments Marks…………………………………………………………… 12
4. Composition of learning units……………………………………………………………………. 13
5. TEMPLATE FOR ASSIGNMENT AND ESSAY PREPARATIONS…………………………… 20
6.RECOMMENDED READINGS/BOOKS……………………………………………………………..23
6.1 Prescribed Book: (All students need to buy this book)……………………………………….23
6.2 Recommended Readings………………………………………………………………………. 23
6.3 Legislations……………………………………………………………………………………… 24
7. ACADEMIC SUPPORT SERVICES AND RESOURCES………………………………………...24
7.1 Resources………………………………………………………………………………………… 24
7.2 Academic Support Units/Department…………………………………………………………...24
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 7.3 Glossary of Terms ………………………………………………………………………………. 25

ADMINISTRATIVE INFORMATION

Name of Lecturer : Mr. S.S Gumede

Telephone : 031 907 7423

E-Mail : gumede.simphiwe@mut.ac.za

Moderator : Mr I.B. Ndlovu

Telephone : 031 907 7272

E-mail : ndlovuib@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
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occurred because of the increased public regulation of private activities, the
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:
 Present the learner with basic discussions based on introducing the nature
and concept of public law.
 Develop a critical understanding on the learner in terms of ‘the rule of law’
in the management of public affairs.
 Explore with the learner the nature and scope of public law in the
management of public affairs.

2.2 Learning outcomes

Upon the use and application of this module as a guide for learning, learners
should be able to:
 Explain the historical evolution of law and regulation giving shape to
society.
 Gain an insight into and be able to discuss public law in public
administration.
 Examine different legislations that informs public law.
 Examine Constitutional obligation in administrating public activities in
South Africa.
 Analyze the impact of public law in the administration of public affairs in
South Africa.

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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,

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

The teaching methodology in this subject will include facilitator presentations,

readings, individual activities, group discussions and knowledge application
exercises.
Teaching and learning will be through the medium of on-line (blended learning),
using Ms Teams and Blackboard as learning platforms.
The following principles will apply in this module:

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  The subject is designed to maximise interactive learning, therefore you are
encouraged and required to participate fully during the class discussions.

 As a learner you will be presented with numerous problems and will be

required to fully apply your mind in finding solutions to problems before
being presented with the subject’s facilitator’s solutions to the problems.
 Through participation and interaction, the learners can learn as much from
each other as they do from the subject presenter.
 Although learners attending this subject may have varied degrees of
experience in the subject matter, the module is designed to ensure that all
learners complete the course with the same level of understanding.
Reflection forms an important component of learning; therefore, some learning
resources will be followed by a self-assessment which is designed so that the
learner will reflect on the material just completed.

2.5 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.
 Include images.

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2.5.1 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 Learners Consultation Times

Learners’ consultation times are made available to provide extra guidance and
assistance to the learners. Consultations outside the normal lecture times, can be
in contact or online. The aim of learner’s consultation is to assist learners to
achieve the best possible outcomes in their studies. These times may also be
accessed for clarification on assessments performance feedback. learners 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 learners, the module facilitator may schedule a later consultation for the
student.
2.7 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.

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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

2.7.1 Determination of Course Mark

The weighting for the assessment/ evaluation will be as follows:
1 x Group Assignment/Projects = 25%
1x First Test = 25%
Duly Performance (DP) (Minimum of 40%)

2.7.2 Final Mark Calculation

The year mark is calculated as follows:
DPx40% + EMx60% = FM (Min.50%)

2.7.3 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.

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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
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.

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  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
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

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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)
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.

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4. Composition of learning units

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Week(s) Learning Units/Topic
1-3 Learning Unit 1
Introduction to Public Law
 Definition of public law
 Public law as part of
administrative law
 Nature and scope of
administrative law
 The impact of the
Constitution on
administrative law
 The relationship of
constitutional and
administrative law
 Sources of administrative
power
4-7 Learning Unit 2
Just Administrative Action.
 Promotion of Administrative
Justice Act (PAJA) 3 of 2000
Learning Unit Objectives
The objectives of this
learning unit are to:
To explore with the learner
the concept of ‘public law’ by:
 explaining different
concepts and principles
relating to public law and
administrative justice in
South Africa
 Defining public law and its
purpose
 identifying sources of
public law and explaining
the development of public
law in South Africa and
other selected
jurisdictions
The objectives of this
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Orientate the learner on the
concept of just Administrative
Learning Unit
Outcomes
After having completed
this learning unit you as
the learner should be
able to:
 Identify the
foundational public
law principles.
 Explain the
implications and the
role of these
principles in the
exercise and control
of public power.
 Explain the influence
of constitutional
democracy and
culture of human
rights on our public
law.
 Analyse different
definitions of public
law.
After having completed
this learning unit you as
the learner should be
able to:
5. 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?

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?

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

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

3.Conclussion  Summarises the main point.

 Make any concluding comments on  Be brief, but clear.
these points.
 Closes the argument and research on a
strong note.

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.

6. RECOMMENDED READINGS/BOOKS
6.1 Prescribed Book: (All students need to buy this book)
G. Quinot. 2019. Administrative Justice in South Africa: An Introduction.
Seventh Impression. Oxford University Press. Cape Town

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

 C. Hoexter. 2018. Administrative Law in South Africa. Second
edition. Juta Publishers. Cape Town
 Y. Burns.1996. Administrative Law under the 1996 Constitution.
Butterwoths Publishers. Durban
 L. Baxter. 1984. Administrative Law. Juta Publishers. Cape Town

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  M. Wiechers. 1985. Administrative Law. Butterworth Publishers.
Durban
 I.M. Rautenbach & E.F.J. Malherbe. 2009. Constitutional Law.
LexisNexis Publishers. Johannsburg.
 P. De Vos.2019. South African Constitutional Law in Context.
Twelfth impression. Oxford University Press. Cape Town

6.3 Legislations:
 The Constitution of the Republic of South Africa, 1996.
 Promotion of Administrative Justice Act 3 of 2000

7. 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:

7.1 Resources
 Recommended e-books

 Timetable

 Videos

 Journals

 List of action verbs

 Assignments; rubrics; and Referencing guide

 Academic Identity document

7.2 Academic Support Units/Department

 Resource Centre/ Library Services

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  Academic Literacy and Language Unit (ALLU)

 Mathematics and Science Education Unit (MSEU)

 Teaching And Professional Development Unit (TPDU)

 Student Counselling

 Financial Aid Bureau

 Student Health Services/Clinic

7.3 GLOSSARY OF TERMS

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 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
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 be defined with another concept in the same class, in order
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.

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,
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 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.

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.

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