Admin
OCT/NOV 2007 examination paper
ADL201M
Oct/Nov 2007
ADMINISTRATIVE LAW
Duration: 2 hours 100 marks
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The Aliens Control Act imposes restrictions on aliens entering into or residing in South Africa. In terms of the Act the Minister of Home Affairs may exempt a person from this restriction by issuing a certificate to this effect. The Minister is also empowered to withdraw an exemption and in terms of the Act, has delegated the power to withdraw an exemption to the Director-General of Home Affairs.
Ms Walesa, a beautician, is a citizen from Poland. She was granted such an exemption and permitted to stay in South Africa. However, she is subsequently informed that the Director-General of Home Affairs has withdrawn her exemption. No reasons are given for the withdrawal of the exemption. It later transpires that the exemption was not withdrawn by the Director-General, but by another official, a Director of Legal Advisory Services, in the same department. At no time was Ms Walesa given an opportunity to be heard before the decision was taken to withdraw her exemption.
Answer the following questions. Give reasons for all your answers – a bare “yes” or “no” or reference to a case or provision is NOT enough.
QUESTION 1
(a) Define an administrative-law relationship, including the concepts of general and individual administrative-law relationships. Explain whether Ms Walesa is the subject of a general or individual administrative-law relationship. (10)
An administrative relationship exists between two or more people where at least one of the subjects is a person or body clothed in state authority who is able to exercise that authority over a person or body in a subordinate position whose rights are affected by the action. It is an unequal relationship.
In a general administrative-law relationship the legal rules
ADL201M
Oct/Nov 2007
ADMINISTRATIVE LAW
Duration: 2 hours 100 marks
------------------------------------------------------------------------------------------------------
The Aliens Control Act imposes restrictions on aliens entering into or residing in South Africa. In terms of the Act the Minister of Home Affairs may exempt a person from this restriction by issuing a certificate to this effect. The Minister is also empowered to withdraw an exemption and in terms of the Act, has delegated the power to withdraw an exemption to the Director-General of Home Affairs.
Ms Walesa, a beautician, is a citizen from Poland. She was granted such an exemption and permitted to stay in South Africa. However, she is subsequently informed that the Director-General of Home Affairs has withdrawn her exemption. No reasons are given for the withdrawal of the exemption. It later transpires that the exemption was not withdrawn by the Director-General, but by another official, a Director of Legal Advisory Services, in the same department. At no time was Ms Walesa given an opportunity to be heard before the decision was taken to withdraw her exemption.
Answer the following questions. Give reasons for all your answers – a bare “yes” or “no” or reference to a case or provision is NOT enough.
QUESTION 1
(a) Define an administrative-law relationship, including the concepts of general and individual administrative-law relationships. Explain whether Ms Walesa is the subject of a general or individual administrative-law relationship. (10)
An administrative relationship exists between two or more people where at least one of the subjects is a person or body clothed in state authority who is able to exercise that authority over a person or body in a subordinate position whose rights are affected by the action. It is an unequal relationship.
In a general administrative-law relationship the legal rules