ADL2601 Assignment 1 SEMESTER 1

ADL2601 Assignment 1 SEMESTER 1 Name: Student Number: Subject: ADL2601-20-S1 Unique number Assignment 1 Semester 1: Question 1 An administrative-law relationship exists between two parties in an unequal /vertical relationship,1 whereby one of the legal subject’s exercises ‘State Authority’ and is a functionary or institution in authority,2 the other party is a subordinate party/parties whose rights are affected by the action/s taken by the person in authority.3 Both parties are obliged to act in accordance with the law and those in authority have a duty to act in the interest of people or society and to serve and promote the public interest.4 In this Scenario, Mrs Zondo is the legal subject who exercises her power as a representative of the State organ in her capacity as an official in the Department of Human Settlements. Mrs Zondo has the public or authoritative power enabling her to exercise that authority over a person or body in a subordinate position,5 Whilst the residents of the Orange Wetlands informal settlement are those in a subordinate position, whose rights have been affected by the action taken by the person in authority. The decision taken by Mrs Zondo to evict the residents of the Orange Wetlands informal settlements will have serious consequences for them. The relationship between Mrs Zondo and the residents of the Orange Wetlands is characterised by a situation when rules apply generally to all the parties from this particular group ‘residents of Orange Wetlands’ who are in a subordinate position and that the relationship is created by general administrative decisions. These rules apply impersonally, that is generally and objectively and nonspecifically and not to a particular identifiable legal subject, in this case the decision to evict taken by Mrs Zondo the rules where applied generally to the residents of the informal settlement as a group. The general and objective administrative law relationship is governing the relationship between the parties apply to all parties within a particular group for e.g. section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 apply generally.6 1ADL2601 Study Guide P21 2 ADL2601 Study Guide P20 3ADL2601 Study Guide P11 4ADL2601 Study Guide P34 5ADL2601 Study Guide P22 6ADL2601 Study Guide P24