ADL2601 EXAM PACK 2016

THE OCTOBER/NOVEMBER 2013 EXAMINATION PAPER Question 1 Mr Nkosi is the proud owner of a wine farm (commonly known as Blue Hills), which is situated in Constantia. On 1 October 2013 Mr Nkosi received a notice of expropriation in terms of section 7 of the Expropriation Act 63 of 1975 from the Minister of Public Works stating the following: - The whole of erven 711 (commonly referred to as Blue Hills) will be expropriated - The proposed date of expropriation is 1 December 2013 - The offered amount of compensation is R500 000 Mr Nkosi is aware of the fact that the Minister of Public Works does have the power to expropriate his property – this is clear in terms of section 2 of the Expropriation of 63 of 1975 – which states that the Minister may expropriate property for public purposes. However, Mr Nkosi is unaware of the reasons for the proposed expropriation. He was also not informed why the whole of his property should be expropriated. In addition, the market value of Blue Hills was estimated in October 2013 to be R20 million. Answer the following questions and substantiate your answers. QUESTION 1 1.1 Define “organ of state” with reference to the Constitution. Is there an organ of state in the set of facts? Give a reason for your answer. (8