ADL2601
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1. Discuss the meaning and nature of judicial review and appeal in the context of administrative
law. [10]
ANSWER:
Judicial Review and Appeal in Administrative Law
Judicial review is a process by which courts examine the actions of administrative bodies or officials
to ensure that they act within the law and do not exceed their powers. Judicial review primarily
focuses on ensuring that the decision-making process followed by the administration complies with
legal standards, including fairness, reasonableness, and adherence to statutory powers. It does not
involve re-evaluating the merits of the decision but rather scrutinizing the legality and process of
the decision-making.
Appeal, on the other hand, is a process where a higher authority reviews the decision of a lower
body to determine whether it was correct. In administrative law, appeals often focus on the merits
of the decision, not just the legality or process followed in reaching it.
, Together, judicial review and appeal are essential in holding administrative bodies accountable,
ensuring they do not overstep their legal bounds and that their decisions are fair and just.
2. Audi Alteram Partem Rule – The Three Rules
The audi alteram partem rule, which is a fundamental principle of natural justice, translates to “hear
the other side.” It requires that a person who is going to be affected by a decision should be given
an opportunity to present their case or defend themselves.
As interpreted and developed by South African courts, this rule consists of the following three
essential components:
1. Right to be Informed: The person must be notified of the charges or allegations against
them, including enough detail to allow them to respond effectively.
2. Right to be Heard: The individual must have a chance to present their side of the story, either
in writing or orally, depending on the context.
3. Right to Representation: The individual must have the right to be assisted or represented
by legal counsel or any other representative in proceedings if they choose to do so.
These rules ensure fairness and provide a framework for individuals to be treated justly in
administrative proceedings.
3. Four Important Rules for Deconcentration as a Form of Delegation
Deconcentration refers to the process by which administrative responsibilities are redistributed
among lower levels within the same hierarchical structure of a government. The four key rules or
principles for deconcentration in administrative law are:
1. Clear Delegation of Authority: There must be clear authorization from the higher authority
to lower levels, indicating the scope and extent of their delegated powers.
2. Retention of Control: While authority is delegated to lower levels, the central authority
retains the ultimate control and oversight over those who have been delegated powers.
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1. Discuss the meaning and nature of judicial review and appeal in the context of administrative
law. [10]
ANSWER:
Judicial Review and Appeal in Administrative Law
Judicial review is a process by which courts examine the actions of administrative bodies or officials
to ensure that they act within the law and do not exceed their powers. Judicial review primarily
focuses on ensuring that the decision-making process followed by the administration complies with
legal standards, including fairness, reasonableness, and adherence to statutory powers. It does not
involve re-evaluating the merits of the decision but rather scrutinizing the legality and process of
the decision-making.
Appeal, on the other hand, is a process where a higher authority reviews the decision of a lower
body to determine whether it was correct. In administrative law, appeals often focus on the merits
of the decision, not just the legality or process followed in reaching it.
, Together, judicial review and appeal are essential in holding administrative bodies accountable,
ensuring they do not overstep their legal bounds and that their decisions are fair and just.
2. Audi Alteram Partem Rule – The Three Rules
The audi alteram partem rule, which is a fundamental principle of natural justice, translates to “hear
the other side.” It requires that a person who is going to be affected by a decision should be given
an opportunity to present their case or defend themselves.
As interpreted and developed by South African courts, this rule consists of the following three
essential components:
1. Right to be Informed: The person must be notified of the charges or allegations against
them, including enough detail to allow them to respond effectively.
2. Right to be Heard: The individual must have a chance to present their side of the story, either
in writing or orally, depending on the context.
3. Right to Representation: The individual must have the right to be assisted or represented
by legal counsel or any other representative in proceedings if they choose to do so.
These rules ensure fairness and provide a framework for individuals to be treated justly in
administrative proceedings.
3. Four Important Rules for Deconcentration as a Form of Delegation
Deconcentration refers to the process by which administrative responsibilities are redistributed
among lower levels within the same hierarchical structure of a government. The four key rules or
principles for deconcentration in administrative law are:
1. Clear Delegation of Authority: There must be clear authorization from the higher authority
to lower levels, indicating the scope and extent of their delegated powers.
2. Retention of Control: While authority is delegated to lower levels, the central authority
retains the ultimate control and oversight over those who have been delegated powers.
