ADL2601/201/2/2019

Tutorial letter 201/2/2019

Administrative Law
ADL2601

Semester 1
Department of public, constitutional and
international law

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
 ADL2601/201/2/2019

Dear Student

You should have received the following thus far:

The study guide The text of this module’s tutorial matter

Tutorial Letter 101 The general information tutorial letter
Tutorial Letter 201 This tutorial letter (online under Additional Resources)

THIS IS YOUR FINAL TUTORIAL LETTER FOR THE FIRST SEMESTER OF 2019. It contains the
following:

1 THE NOVEMBER/DECEMBER 2018 EXAMINATION PAPER

2 ASSIGNMENT 01: COMMENTARY

3 ASSIGNMENT 02: COMMENTARY

4 THE EXAMINATION: FORMAT, PREPARATION AND WRITING

EXAMINATION DATE
ONLY PROVISIONAL DATES ARE PRESENTLY AVAILABLE. PLEASE MAKE SURE THAT YOU
HAVE RECEIVED THE FINAL EXAMINATION TIMETABLE BY THE END OF APRIL (FOR THE
FIRST SEMESTER).

1 The November/December 2018 examination paper

(Please take note that the answers we provide for the questions in the examination paper are suggested answers.
They are meant to guide and assist you in preparing for the examination. Furthermore, they provide guidelines on
how you should answer a question using only essential points rather than re-writing the study guide. Pay careful
attention to the general comments below on how to formulate your answers to the questions in the examination.)

Set of facts:

Mr McDonald is the owner of an independent, Durban-based property development company called

Build-well Property Group. The company specialises in the development of luxury residential apartment
blocks along the seaside. In July 2018 Build-well Property Group decided to undertake a new residential
development and consequently submitted their building plans for the construction of a five-storey block
of flats to the City of Durban for its approval. Section 4 of the National Building Regulations and Building
Standards Act 103 of 1977 requires that building plans must first be approved for every building erected
within a municipal area, before any construction may be undertaken. Once submitted to the City, the
plans were perused by the Zoning Plans Examiner, Mrs Naidoo, whose role was to determine whether
they complied with the conditions of the zoning scheme. Mrs Naidoo recommended that the plan
submitted by Build-well Property Group should not be approved since the intended five-storey building
exceeds the four-storey building limitation that applies in terms of the zoning scheme.
The objection raised by Mrs Naidoo resulted in the City deciding against the development; the
application by Build-well Property Group was subsequently dismissed.

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Mr McDonald is furious about the outcome of the application since the envisioned development would
have been a lucrative investment for him and his company. He approaches you for legal advice
regarding a number of administrative law issues.

Answer the following questions and substantiate your answers.

QUESTION 1

1.1 Is there an administrative-law relationship present in the set of facts? Give a detailed answer. (10)

An administrative-law relationship exists between two parties in an unequal relationship/vertical. One of

the subjects is a person or body clothed in state authority/organ of state who is able to exercise that
authority over a person or body in a subordinate position whose rights are affected by the action.

In the general administrative-law relationship the legal rules governing the relationship between the
parties apply to all the subjects within a particular group. These rules thus apply impersonally, that is
generally and objectively, and non-specifically and not to a particular identifiable legal subject.

In an individual administrative-law relationship legal rules apply personally and specifically between the
parties. In other words, the legal rules apply to specifically identifiable legal subjects. The content of the
individual relationship will vary from case to case.

Yes, Mr McDonald is subject to an individual administrative law relationship, he is in a subordinate

position in relation to the municipality taking the decision in terms of the National Building Regulations
and Building Standards Act 103 of 1977. The decision that was made applies to Mr McDonald
specifically. There exists a vertical relationship between the parties, the municipality is clothed in state
authority, whereas Mr McDonald’s rights are affected by the decision taken by the municipality.

1.2 List three persuasive sources of administrative law. (3)

- Writings in books/journals
- Policy documents, eg Green and White Papers
- Reports by state institutions
- Foreign law

1.3 Is administrative action in evidence in the set of facts? In your answer, you should give a full
definition of the concept “administrative action” with reference to the provisions of the Promotion
of Administrative Justice Act (PAJA) 3 of 2000. (12)

Section 1 of PAJA defines “administrative action” as any decision taken, or any failure to take a decision,
by –

(a) an organ of state, when-

(i) exercising a power in terms of the Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any legislation; or

(b) a natural or juristic person, other than an organ of state, when exercising a public power or
performing a public function in terms of an empowering provision,

which adversely affects the rights of any person and which has a direct, external legal effect.

There are exceptions to the definition.

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In view of the definition of “administrative action”, the decision taken by the municipality, to reject Mr
McDonald’s building plans constitutes administrative action. It complies with the definition in that it
involves a decision made by an organ of state (the municipality) exercising a public power or performing
a public function in terms of legislation (the National Building Regulations and Building Standards Act
103 of 1977) which has adversely affected the rights of a person (Mr McDonald) and which appears to
have had a direct external legal effect. The exceptions do not apply.

[25]

QUESTION 2

2.1 Answer the following questions. Each question is provided with a number of options as possible
answers. Only one option/statement in each question is correct. You must, therefore, identify the
correct option and write down the number of the option that you have identified next to the
question number.

2.1.1 Organ of state is defined in section … of the Constitution of the Republic of South Africa, 1996.

(a) 33
(b) 239
(c) 4
(d) 26

2.1.2 Two examples of Acts of Parliament that complement the provisions of the Constitution and are
crucial to Administrative law as well, are PAJA and …

(a) the Promotion of Access to Information Act 2 of 2000 (PAIA).

(b) the National Building Regulations and Building Standards Act 103 of 1977.
(c) the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
(PIE).
(d) the Housing Act 107 of 1997.

2.1.3 Res iudicata means that…

(a) all administrators must act reasonably.

(b) court decisions are not of an administrative nature.
(c) the matter has been dealt with and cannot be reconsidered by the same body, but
only by a higher-ranking body.
(d) no person may be a judge in his/her own case.

2.1.4 Ubuntu can be regarded as the African view of life and the world. Which one of following is the
way in which this term can be defined/describe?

(a) African Humanism

(b) African due process
(c) African democracy
(d) African constitutionalism
2.1.5 Which one of the following is NOT a binding source of administrative law?

(a) The Constitution of the Republic of South Africa, 1996

(b) Case law
(c) Legislation
(d) Foreign law
(5)

2.2 Mention the three classes of administrative action and the distinctive characteristics of each. (6)

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Legislative administrative acts are the most easily recognised action of the administration.
They have a specific form and are published in an official document, such as the Government
Gazette. Specific rules apply to the adoption, repeal or amendment of all legislative
administrative acts. The power to delegate a legislative power exists only when there is express
statutory authority for this.

A judicial administrative act is action that is almost like that of a court. This explains its
characterisation as a “quasi- judicial” act. Like the courts, administrators interpret and apply legal
rules to disputes in concrete situations. Administrative adjudication is usually undertaken by
specialist bodies, known as administrative tribunals. Currently there are not many examples of
such administrative tribunals, but the Films and Publications Appeal Board provides such an
example.

An administrative act refers to the “true” administrative act, where individual administrative-law
relationships are created or varied. Administrative acts relate to the day- to-day business of
implementing and applying policy, legislation or an adjudicative decision. In short, administrative
acts include literally every possible aspect of government activity “granting a licence, promoting
an employee, stamping a passport, arresting a suspect, paying out a pension” (Hoexter 2012:55).

2.3 Explain the concept of just administrative action with reference to the relevant provision in the
Constitution. (7)

Section 33 reads as follows:

33(1) Everyone has the right to administrative action that is lawful, reasonable and procedurally
fair.
(2) Everyone whose rights have been adversely affected by administrative action has the right
to be given written reasons.
(3) National legislation must be enacted to give effect to these rights, and must –

(a) provide for the review of administrative action by a court, or, where appropriate, an
independent and impartial tribunal;
(b) impose a duty on the state to give effect to the rights in subsections (1) and (2); and
(c) promote an efficient administration.

Just administrative action is aimed at preventing organs of state, public institutions and functionaries, as
well as natural and juristic persons – administrators – from abusing or misusing their power in their
dealings with an individual who is in a subordinate position.

Hence the constitutional demand that administrative action must be performed lawfully, reasonably and
in a procedurally fair manner; and from the perspective of the individual, just administrative action is
directed at protecting him or her in any dealings with administrators. It guarantees the individual just
treatment/justice, fairness and reasonableness in his or her relationship and dealings with
administrators.
2.4 Briefly define legality. Also explain this principle in the constitutional framework. (7)

Legality is a principle used by the courts to determine whether administrative action was not only
authorised by law but also performed in accordance with the prescripts laid down by the law. The public
administration must serve and promote the public interest, protect and respect fundamental/human
rights.

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The Constitution is the supreme law of the country and is elevated above all state legislation. Section 2
of the Constitution provides that any law or conduct that is not in line with the Constitution may be
declared invalid by the court.

Fedsure Life Assurance LTD v Greater Johannesburg 1999 (1) SA 374 (CC): the executive “may
exercise no power and perform no function beyond that conferred upon them by law.”

Section 8 of the Constitution provides that the Bill of Rights binds the executive authority – state
administration in all spheres of government – and all organs of state. This means that organs of state
and individuals exercising public power are bound by the law and not elevated above it.

[25]

QUESTION 3

3.1 Briefly explain the rule against delegation. (5)

In Foster v Chairman, Commission for Administration 1991 4 SA 403 (C) the rule against delegation was
explained as follows:

“It is a trite principle of our law that where a power is entrusted to a person to exercise his own individual
judgment and discretion, it is not competent for him to delegate such power unless he has been
empowered to do so expressly or by necessary implication by the empowering statute.”

This rule expresses the idea that the administrator who has authority to take administrative action must
exercise that authority himself or herself. The general rule is that where a discretionary power has been
granted to a particular functionary because of his or her specific qualifications, knowledge or expertise,
the exercise of this discretion cannot be delegated to another functionary or institution. The original
administrator must perform the function personally.

After all, if the administrator may freely transfer or delegate his or her powers to somebody else, it would
undermine the requirement that powers must be exercised by an administrator with a particular
qualification, status, knowledge or responsibility.

The key judgment dealing with delegation is the case of Shidiack v Union Government 1912 AD 642.
Innes ACJ explained delegation thus:

“Where the legislature places upon any official the responsibility 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 spirit, then that responsibility cannot be vicariously discharged. The persons concerned have a
right to demand the judgment of the specially selected officer.”

3.2 Explain the rules that apply when delegation of powers is permitted. (4)

(1) If the administrator is authorised to perform a particular action and this entails the exercise of
discretion, the task concerned may not be delegated unless the delegation is authorised by
statute.
(2) An administrator who exercises a discretionary power and makes a decision is not prevented
from instructing a subordinate administrator merely to implement the decision. This does not
constitute an unauthorised delegation, as the superior administrator merely issues a mandate or
instruction.

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(3) The rule against further delegation also implies that an administrator may not, in the exercise of
his or her discretion, put him or herself in the situation of having to accept directions or
orders/commands from another body. In other words, he or she must apply his or her own mind
to the matter.
(4) An administrator may, without contravening the rule against delegation, appoint a fact-finding
committee to assist him or her, provided the actual discretion is ultimately exercised by the
proper authority.

3.3 What are the three forms of delegation? (3)

- Mandate/instruction
- Decentralisation
- Deconcentration

3.4 PAJA gives effect to the right to reasonable administrative action. The Constitutional Court has
given content to the relevant provision in PAJA that deals with reasonableness. Suppose the
decision taken by the City of Durban constitutes an administrative decision, does this decision
comply with the reasonableness requirement as captured in the Constitution? Substantiate your
answer with reference to PAJA and case law. DO NOT explain the right to written reasons. (13)

The Constitutional Court had the opportunity to pronounce on the meaning and content of section 6(2)(h)
in the landmark decision of Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs. This decision
dealt with the allocation of fishing quotas by the Chief Director (responsible for marine management) in
the Department of Environmental Affairs and Tourism. The appellant challenged the Chief Director’s
allocation of his (the appellant’s) fishing quota in terms of the provisions of the Marine Living Resources
Act 18 of 1998 (MLRA). One of the questions before the Court related to the alleged unreasonableness
of the Chief Director’s action. The Court, per O’Regan J acknowledged the pre-Constitutional
jurisprudence which failed to establish reasonableness or rationality as a free-standing ground of review.
O’Regan J referred further to the Wednesbury decision and held that the PAJA test draws directly on the
language of that decision. However, she emphasised the importance of reading section 6(2)(h) in line
with the wording of section 33(1) of the Constitution. She held that even if it may be thought that the
language of section 6(2)(h), if taken literally, might set a standard such that a decision would rarely if
ever be found unreasonable, that is not the proper constitutional meaning which should be attached to
the subsection. The subsection must be construed consistently with the Constitution and in particular
section 33 which requires a simple test, namely, that an administrative decision will be reviewable if, in
Lord Cooke’s words [Lord Cooke in R v Chief Constable of Sussex, ex parte International Trader’s Ferry
Ltd [1999] 1 All ER 129 (HL) at 157], it is one that a reasonable decision-maker could not reach. The
simple test is therefore one that states that administrative action will be reviewable, if it is one that a
reasonable decision-maker could not reach. What will constitute a reasonable decision will depend on
the circumstances of each case as it is context-based. O’Regan J then proceeded to enumerate the
factors relevant to determining whether a decision is reasonable. They include
(a) the nature of the decision;
(b) the identity and expertise of the decision-maker;
(c) the range of factors relevant to the decision;
(d) the reasons given for the decision;
(e) the nature of the competing interests involved; and
(f) the impact of the decision on the lives and well-being of those affected.

One could argue that the municipality’s decision was not reasonable. No reasons were given for the
decision, Mr McDonald was effectively prohibited from undertaking building works, which has a major
impact on his business.
[25]
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QUESTION 4

4.1 Explain the common law rules of natural justice? Refer to relevant case to explain these rules. (12)

The audi alteram partem rule, as interpreted and developed by our courts, consists of the following:

(1) The individual must be given an opportunity to be heard on the matter (ie the opportunity to put his or
her case).

(2) The individual must be informed of considerations which count against him or her.

(3) Reasons must be given by the administrator for any decisions taken.

Over and above the three-legged audi alteram partem rule, the rules of natural justice embrace a further
rule, namely nemo iudex in sua causa (literally: “no one may be a judge in his or her own cause”). In
other words, the decision-maker must be, and must be reasonably perceived to be, impartial or
unbiased. This is known as the rule against bias.

The most common examples of bias are the following:

(a) the presence of pecuniary/financial interest; and

(b) the presence of personal interest.

(a) A pecuniary (financial) interest

In Rose v Johannesburg Local Road Transportation Board 1947 4 SA 272 (W), the chairman of the
board responsible for the granting or refusal of transport licences (the permits), was at the same time the
director of three large taxi companies.

One of these companies opposed the application for such permits. It was apparent that the company, a
large taxi company in Johannesburg, would benefit from the refusal of applications. Despite this the
chairman refused to stand back and participated in the hearing.

The court found that the reasonable person would realise that the chairman was indeed biased because
of his financial/pecuniary interest in the taxi company, and also because that company was one of the
objectors.

(b) Personal interest

In Liebenberg v Brakpan Liquor Licensing Board 1944 WLD 52, the mayor of the town insisted on being
present when liquor licence applications were being heard, despite the fact that one of the applicants
was his brother. The licence was granted to the brother, and despite the fact that the other members
submitted affidavits to the effect that they had not.

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4.2 What are the forms of internal control? (3)

- control by superior/senior administrators or specially constituted bodies/ institutions

- parliamentary control

- control by public bodies and commissions, such as the public protector and the auditor-general

4.3 What are the advantages of internal control? (5)

Administrative decisions are thoroughly re-evaluated through internal control. It is also possible to bring
inefficient administrators to book. Through internal control such administrators can be reprimanded or
required to give an explanation of their decisions.

Internal control is also less expensive, less cumbersome and less time-consuming than judicial control.

4.4 One of the preconditions set before an affected person may take administrative action on judicial
review is that he or she has to exhaust internal remedies as required by section 7(2) of PAJA.
Provide five examples of when internal control would not be the proper remedy. (Ie, give five
exceptions to the general rule.) (5)

(1) the case has already been prejudged by the administrator

(2) the decision has been made in bad faith (mala fide), fraudulently or illegally, or has in effect not been
made at all

(3) the aggrieved party has an option whether to use the extrajudicial remedy or to proceed direct to
judicial review

(4) the administrative authority has come to an unacceptable decision as a result of an error of law

(5) the administrative body concerned has agreed that judicial review proceedings may start immediately

(6) the administrative body concerned has no authority to rectify the particular irregularity complained of

(7) the internal remedy cannot provide the same protection as judicial review

[25]

Total: {100}

2 Assignment 1

Set of facts

The president of the Republic of South Africa appoints a commission of inquiry into water shortages
in the Western Cape, to establish the real cause of the drought, after speculation that it was
intentionally created by a regional company called Tlokwane Company. It was alleged that
Tlokwane created the drought in order to subsequently capitalise on the shortage by building a
facility for the desalination of seawater. The result of the inquiry was that Tlokwane was involved in
the water shortages, but no conclusive proof was obtained.
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However, the inquiry points out that drastic measures must be implemented to ensure that there is
sufficient water in the Western Cape to prevent a water crisis. In response, the Western Cape
municipality advertises a tender for the construction of a facility for the desalination of seawater. In
terms of the municipal regulations, the Director-General in the National Department of
Environmental Affairs is the only administrator who can make the final decision who to award the
tender to. An administrator in the municipality who has a stake in Tlokwane decides to award the
tender to Tlokwane without the knowledge of the Director-General, despite the allegations that the
company is directly responsible for the water shortage. The reasons given for awarding the tender to
Tlokwane is that it has better capacity to build the facility. Ubuntu Holdings, which is the other party
to the tender application, feels aggrieved by the decision to award the tender to Tlokwane despite all
the allegations. Ubuntu Holdings is not sure what recourse to take since they have not been
furnished with reasons for the decision taken.

Answer the following questions and substantiate your answers:

Define administrative action in terms of the Promotion of Administrative Justice Act 3 of 2000
(PAJA). Is there any action from the set of facts that does not constitute administrative action?
Give reason(s) for your answer. (12)

Suggested answer

Section 1 of PAJA(1) defines “administrative action” as any decision taken, or any failure to take a
decision,(1) by –

(a) an organ of state,(1) when-

(i) exercising a power in terms of the Constitution or a provincial constitution;(1) or
(ii) exercising a public power or performing a public function in terms of any legislation; or
(b) a natural or juristic person, other than an organ of state, when exercising a public power or
performing a public function in terms of an empowering provision,(1)

which adversely affects the rights of any person and which has a direct,(1) external legal effect.

There are exceptions to the definition.(1)

In view of the definition of “administrative action”, the decision taken by the president of the republic of
South Africa, to appoint a commission of inquiry (into water shortages in the Western Cape)(1) does not
constitute administrative action.(1) The decision of the president does not comply with the decision in that
it does not involve a decision by an organ of state(1) as defined in section 1 of PAJA, exercising a public
power or performing a public function in terms of legislation or municipal regulations (Director-General in
the National department of Environmental Affairs),(1) which has adversely affected the rights of a person
and which appears to have a direct external effect.(1) The exceptions apply to the decision taken by the
president.(1)

The president is acting as head of state,(1) in other words, performing constitutional functions.(1) The
appointment of commission of inquiry is not administrative action.(1) The decision of the president to
appoint a commission of inquiry falls under section 3(1)(b)(aa)(1) as an executive power or function of the
national executive.(1)

Question 2

Explain to Ubuntu Holdings the difference between intra vires and ultra vires. Is the decision of the
administrator intra vires or ultra vires? Give reason(s) for your answer. (8)
[20]

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Suggested answer

Intra vires and ultra-vires are terms that have developed to also describe the overall validity of
administrative action.(1)

Intra vires can also be viewed as an over-arching or collective concept,(1) because it includes all the
requirement for valid administrative action as found in section 33 of the Constitution(1) or other
empowering legislation(1) dealing with the requirements for a valid administrative action.(1)

Ultra vires is a common law concept used to inquire administrative action was performed outside the
boundaries of the power afforded to an administrator.(1) Ultra vires entails that an administrator has
exceeded or acted beyond the scope of the power given to them.(1) If an administrator goes beyond the
scope of the power given to it when exercising power, then the decision take will have no legal effect, (1)
the decision will be invalid.(1)

The administrator in the municipality, who happens to have a stake in Tlokwane went beyond the scope
of the power given to it,(1) as a result the decision to award the tender to Tlokwane should not have legal
effect.(1) The administrator has acted ultra vires.(1) (12)
[20]

3 Assignment 02

(The correct answers are marked in bold.)

Question 1

The following is not an authoritative source of law:

1. Delegated legislation.
2. State institutions reports.
3. Custom.
4. International Law

Question 2

Which one of the following would constitute administrative action in terms of section 1 of PAJA?

1. The decision by a director of a private company to extend an employee’s contract.

2. The awading of legal costs on a party to parrty scle by a judicial officer.
3. The decision by a Judge to allow an appeal.
4. The decision by an official to refuse the payment of a social grant.

Question 3

Section 1 of PAJA defines…

1. Administrative action.
2. The public interest.
3. Locus standi.
4. legality.

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Question 4

Which one of the following is not a class of administrative action?

1. Executive administrative action.

2. Legislative administrative acts.
3. Judicial administrative acts.
4. Administrative acts.

Question 5

The transfer of certain powers and activities to an independent body by a delegator constitute…?

1. mandate.
2. deconcentration.
3. decentralisation.
4. command.

Question 6

In terms of Dadoo Limited v Krugersdorp Municipal Council 1920 AD 530 a transaction that is designedly
disguised to escape the provisions of the law can be regarded as…

1. fons et origo.
2. ultra vires.
3. intra vires.
4. fraudim legis.

Question 7

“[I]t is apparent that resons are not really reasons unless they are properly informative. They must
explain why action was taken, otherwise they are better described as findings or other information”. The
above quote was takenfom…

1. Ansett transport Industries (Operations) PTY Ltd v Wrath 1983 FCA 187.
2. Moletsane v Premier of the Free State 1996 17 ILJ 251 (O).
3. Nomala v Permanent Secretary, Department of Welfare 2001 8 BCLR 844 (E).
4. Minister of Environmental Affairs and Tourism v Bato Star Fishing 2003 (6) SA 407 (SCA).

Question 8

One of the advantages of internal control is that administrative decisions are thoroughly re-evaluated.
The value of internal control is further recognised in terms of… of PAJA

1. section 8(3).
2. section 4(3).
3. section 7(2).
4. section 2(2).

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Question 9

“Any person” who may institute judicial review of administrative action in terms of section 6(1) of PAJA
means?

1. Any person acting on behalf of another.

2. A member of a group/organisation.
3. A third party with an interest in the outcome.
4. A person whose rights have been directly affected.

Question 10

South African courts do not have inherent appeal jurisdiction, however, they do have inherent review
jurisdiction in terms of…

1. the Constitution.
2. PAJA.
3. the common law.
4. other statutes.
[10]

4 The examination: Format, preparation and writing

Format of the examination paper

(1) The format of the examination paper will be similar to the format of the October/November 2018
examination paper.

(2) You will again be given a short set of facts and some of the questions will be based on these
facts.

(3) There will be FOUR (4) questions with sub-questions in the examination and they will count a
total of 100 marks.

(4) The questions in the examination (both short and long questions) will test your knowledge, your
insight and your ability to apply theory to practice. Multiple-choice questions form part of the
examination paper, similar to those given in your second assignment.

The shorter type of questions will carry a mark allocation varying between approximately two (2)
and eight (8) marks per question.

(5) You do not have to study any additional study material. However, make sure that you study the
court cases and the relevant legal principles pertaining to them, as they are discussed in the
guide.

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Answering the examination questions

~ As mentioned above, you will write a two-hour examination paper consisting of four (4) (compulsory)
questions, counting a total of 100 marks. You must answer all four questions.

~ Read attentively through all the questions in your examination paper in order to gain an idea of what
the questions are about. Make sure that you understand the instructions before you start answering the
questions. Identify key words and terms.

~ Do not separate subsections of questions, for example, 2(a), then 1(b), then 3(a), by answering them
in different places in your examination answer book. If you wish to return to a particular question,
simply leave enough space to return to it.

~ Number your answers correctly.

~ Plan your answer roughly before starting to write. You may think that this will take up too much time,
but you will in fact gain time by avoiding repetition, irrelevant discussion and confusion.

~ Divide your time according to the number of questions and pay attention to the marks allocated to each
question.

~ Avoid repetition and irrelevancies. You will not receive any marks for repeating a fact. Answer
questions concisely but not superficially. Include every step in the legal argument in your answer,
starting with the first step, no matter how obvious it may seem to you.

~ Distinguish between instructions such as explain, compare, list and analyse. List means just that – no
discussion or embellishment is necessary. Make sure that you understand what is expected of you.

~ Give reasons for all your answers (briefly, or fully, depending on what is required). In fact, it is quite a
good idea to write as if you are explaining the legal position to an intelligent layperson who knows
nothing about the law.

~ When referring to case law, limit your discussion of the facts to the absolute minimum, and concentrate
on the legal aspects of the issue. What has happened is of less importance than the reason on which
the judgment is based.

~ It is in your own interest to write legibly and intelligibly. Even if your handwriting is a problem, there are
still a few things you can do about it: write with dark ink, write on every second line, space your work
by leaving lines open between questions, et cetera. Remember: it is to your advantage if we can read
what you have written.

~ Finally, please do not contact us after you have written the examination paper. We are not allowed to
discuss the paper with students or to divulge examination results. However, we will be only too happy
to discuss the course and any difficulties you may experience before the examination.

All that remains is for us to wish you success in the examination.

Prof S Viljoen
Tel: 012 429 2042
E-mail address: [email protected]

Mr TA Manthwa
Tel: 012 429 8922
E-mail address: [email protected]

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