Search & Filtering
Mrs Opikopi applies for asylum at the Department of Home Affairs.Later, however, her application for asylum is rejected by the authorised refugee status determination officer without any input by Mrs Opikopi. No reasons were given, but it later transpired that the rejection was based on the informal notes of the refugee reception officer working in the refugee reception office.From these notes the impression might be created that the decision had been influenced by certain irrelevant factors suggesting bias on the part of the administrator.
Q.1.1 Apply the various elements of the definition of administrative action to the set of facts. In your answer you must advise Mrs Opikopi on whether she is the subject of an individual or general administrative law relationship.
state “Yes” or “No”, provide the relevant provision of law and give reasons for
your answer.
Q.1.3.1 The President signs the new Basic Condition of Employment
Amendment Act on the 3rd of February 2020.
(3)
Q.1.3.2 The President hosts a party in which he welcomes the ambassador of
Egypt.
(3)
Q.1.3.3 The appointment of Judge Hlope by the Judicial Service Commission. (3)
Q.1.3.4 The Premier of the Northern Province refers the NHI Health Bill back
to the provincial legislature for consideration of its constitutionality.
(3)
Q.1.3.5 The Director of Public Prosecutions refuses to institute proceeding
against Jack Moose for tax evasion.
Mr Donogood is an ex‐convict who has managed to secure a job as a truck driver. He was the victim of a hijacking and his wallet that contained his drivers’ licence was stolen. Since he has been the recipient of many traffic fines for driving without a valid licence. He approached the Watloo Licencing Department in Pretoria for a replacement. When he arrives at the Licensing Department the official hands him a letter notifying him that he will not be issued with a licence. In the letter there is no mention of the reasons as to why his licence replacement has been unsuccessful.
Q.2.1.1 Mr Donogood is an ex‐convict; can he request reasons? (
Q.2.1.2 Suppose for this question only, (Q.2.1.2) Mr Donogood is permitted to apply for reasons in terms of PAJA. Advise Mr Donogood on the steps he should take to request reasons.
Q.2.1.3 Compare, prohibitory, mandatory and structural interdicts and advise when each would be used in administrative law.
Due to the increased demand for these services and a dwindling revenue, they have opted to make changes to the manner in which legal services are provided. In an internal memorandum circulated to the Legal Aid Board staff, a new structure is adopted. It is only individuals earning lessthan R2 500 a month who are eligible to get free legal advice. Since then, many people have been turned away without receiving any advice.
Q.3 Advise on whether the action of the Legal Aid Board violated procedural rights. In
your answer:
Identify the section of PAJA that is relevant in this present scenario.
Discuss the procedures that they should have followed before such a decision
was taken.
Advise on whether this decision can be judicially reviewed.
PAJA. In your answer you should also include the following:
A description of the concept of standing.
An explanation of the rationale for a standing requirement.
(20)
indigent members of the community who earn less than R7 500 a month. To date, they have
provided free legal advice to more than three million people.
Due to the increased demand for these services and a dwindling revenue, they have opted to make
changes to the manner in which legal services are provided. In an internal memorandum circulated
to the Legal Aid Board staff, a new structure is adopted. It is only individuals earning lessthan R2 500
a month who are eligible to get free legal advice. Since then, many people have been turned away
without receiving any advice.
Q.3 Advise on whether the action of the Legal Aid Board violated procedural rights. In
your answer:
Identify the section of PAJA that is relevant in this present scenario.
Discuss the procedures that they should have followed before such a decision
was taken.
Advise on whether this decision can be judicially reviewed.
(20)
QUESTION 1 Indicate the CORRECT statement: Legal Aid South Africa is an example of a 1 corporate institution. 2 government organisation. 3 labour law consultancy. 4 community-based organisation.
QUESTION 2 Indicate the CORRECT statement: One of the methods that can be used when participants at a workshop are introduced to each other is: 1 Role-play. 2 Play. 3 Case studies. 4 Icebreakers.
QUESTION 3 Indicate the CORRECT statement: It is generally argued that paralegals should enjoy formal recognition 1 because they possess a legal qualification and are therefore legal professionals.
facts. In your answer you must advise Mrs Opikopi on whether she is the subject
of an individual or general administrative law relationship.
(15)
Q.1.2 Mrs Opikopi would like to challenge the administrative decision in court. She has
a nephew who is a practicing attorney who has volunteered to provide her with
free legal advice during the court proceedings. The Refugees Act, however,
makes provision for the review of administrative decisions by the Standing
Committee and an appeal to the Appeal Board for a decision by a refugee status
determination officer.
With reference to relevant case law, and legislation advise Mrs Opikopi on the
most appropriate avenue to challenge the decision. In your answer provide
reasons on why you have chosen that route.
The examples of Batho pele principles
