ADL2601
LATEST EXAM PACK
QUESTIONS & ANSWERS
NOTES INCLUDED!
The Law Tutor
,ADL2601
EXAM
Semester 2
Solutions
2022
22ND
OCTOBER
2022
The Law Tutor
,SCENARIO
The Road Transportation Act 14 of 1977 (the “Act”) regulates public transportation of persons
and goods. It allows the Transport Commission the discretion to grant, renew, amend or transfer
applications for public permits in terms of section 3 of the Act. It also allows for the withdrawal,
suspension or variation of a permit in terms of section 25 of the Act. In December 2021, the
Head of the Transport Commission was outraged by the number of accidents which occurred
and the resultant loss of life. He consequently ordered the Transport Commission to summarily
withdraw (i.e. without being convicted of an offence) the permits relating to any vehicle which is
found to exceed the speed limit by 20 km/ph, with no exceptions as of 31 December 2021.
The provision on which the Transport Commission relies on to withdraw the permits is section 25
of the Act which reads as follows:
25. Withdrawal, suspension or variation of a permit. –
(1) Subject to the provisions of subsection (2) the Commission may at any time –
(a) Withdraw, suspend or vary for such period as it may deem fit, any public permit granted
by it -
(i) If the holder of such permit has been convicted of any offence under this Act or
under any law relating to the regulation of traffic.
In January 2022, Chuck Norris (“Chuck”) drives down the N1 in a truck on his way to deliver
alcohol to a bar in Alexandra. Chuck is caught driving more than double the permitted speed limit
(this means more than 20km/ph above the speed limit) and is stopped by an official of the
Transport Commission. He summarily receives notice that his permit to transport goods in the
truck is immediately withdrawn. He is later convicted of contravening section 25(1)(a)(i) above
in February 2022. Chuck is naturally gravely upset and approaches you for legal advice. He
alleges that the transport of goods is his primary source of income.
Against the previous factual scenario please answer the following questions.
, QUESTIONS
1. Define Administrative Law. [6]
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. Example.
2. Identify the organ of state/s in the factual scenario and discuss the meaning of an organ of
state as defined in the Constitution of South Africa, 1996. [7]
In terms of s 239 of the Constitution the following are organs of state: any department
of state or administration in the national, provincial or local sphere of government; any
other functionary or institution
(i) exercising a public power/function in terms of the Constitution (ii) exercising a
public power of performing a public function in terms of any legislation. This does not include a
judicial officer.)
LATEST EXAM PACK
QUESTIONS & ANSWERS
NOTES INCLUDED!
The Law Tutor
,ADL2601
EXAM
Semester 2
Solutions
2022
22ND
OCTOBER
2022
The Law Tutor
,SCENARIO
The Road Transportation Act 14 of 1977 (the “Act”) regulates public transportation of persons
and goods. It allows the Transport Commission the discretion to grant, renew, amend or transfer
applications for public permits in terms of section 3 of the Act. It also allows for the withdrawal,
suspension or variation of a permit in terms of section 25 of the Act. In December 2021, the
Head of the Transport Commission was outraged by the number of accidents which occurred
and the resultant loss of life. He consequently ordered the Transport Commission to summarily
withdraw (i.e. without being convicted of an offence) the permits relating to any vehicle which is
found to exceed the speed limit by 20 km/ph, with no exceptions as of 31 December 2021.
The provision on which the Transport Commission relies on to withdraw the permits is section 25
of the Act which reads as follows:
25. Withdrawal, suspension or variation of a permit. –
(1) Subject to the provisions of subsection (2) the Commission may at any time –
(a) Withdraw, suspend or vary for such period as it may deem fit, any public permit granted
by it -
(i) If the holder of such permit has been convicted of any offence under this Act or
under any law relating to the regulation of traffic.
In January 2022, Chuck Norris (“Chuck”) drives down the N1 in a truck on his way to deliver
alcohol to a bar in Alexandra. Chuck is caught driving more than double the permitted speed limit
(this means more than 20km/ph above the speed limit) and is stopped by an official of the
Transport Commission. He summarily receives notice that his permit to transport goods in the
truck is immediately withdrawn. He is later convicted of contravening section 25(1)(a)(i) above
in February 2022. Chuck is naturally gravely upset and approaches you for legal advice. He
alleges that the transport of goods is his primary source of income.
Against the previous factual scenario please answer the following questions.
, QUESTIONS
1. Define Administrative Law. [6]
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. Example.
2. Identify the organ of state/s in the factual scenario and discuss the meaning of an organ of
state as defined in the Constitution of South Africa, 1996. [7]
In terms of s 239 of the Constitution the following are organs of state: any department
of state or administration in the national, provincial or local sphere of government; any
other functionary or institution
(i) exercising a public power/function in terms of the Constitution (ii) exercising a
public power of performing a public function in terms of any legislation. This does not include a
judicial officer.)
