ADL2601 Administrative Law Assignment Brief 2025 - Unisa

• 14.1 By ticking the Honesty Declaration, you confirm that you have read (i) the University’s Policy on Copyright Infringement and Plagiarism and the Student  Disciplinary Code, which are both available on  myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student  values and plagiarism that is found at https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and- rules.
• 14.2  Students suspected of dishonest conduct during the examinations will be subjected to disciplinary processes. Students may not communicate with other students, or request  assistance  from  other  students  during  examinations.  Plagiarism  is  a violation of academic integrity, and students who do plagiarise or copy verbatim from published work will be in violation of the Policy on Academic Integrity and the Student Disciplinary Code and may be referred to a disciplinary hearing. Unisa has a zero tolerance for plagiarism and/or any other forms of academic dishonesty.
• 14.3  The use of Artificial Intelligence software (ChatGPT, DeepSeek etc.) and online sources (Course Material) during your online examination session is strictly prohibited.  
• 14.4  Unless a student is exempted because of disability or incarceration, students who have not utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s examination rules and will have their marks withheld.

ADL2601 Case Study

Mr. Khulekani Moyo (Mr. Moyo), a citizen of the Republic of Zimbabwe, has been in possession of a valid national identification document (ID) issued by the Department of Civil Registration and Citizenship (DCRC) of the Republic of South Africa. The ID is essential for his daily activities, including accessing government services, allowing him to stay in the Republic, banking, and employment in South Africa.

Over the past year, Mr. Moyo, a committed social scientist, has been vocal in a public campaign  criticising  delays  and  alleged  corruption  within  the  DCRC.  He  has participated  in  community  meetings  and  submitted  formal  complaints  regarding inefficiencies  in  the  department.  On  multiple  occasions,  he  was  warned  that  his activism “could create problems” for him, but nevertheless continued to do it.

In early 2025, Mr. Moyo was informed via a brief email that his national ID had been revoked by the Director-General of the DCRC under the National Identification Act of South Africa. The reason provided was that “new information” suggested he was “no longer eligible” to hold an ID on the basis that he could be a terrorist. No prior notice was given, and he was not afforded an opportunity to respond before the decision was made.

As a result, Mr. Moyo is now unable to access essential services and is at risk of losing his employment. Moreover, he is at risk of being deported from South Africa. He has approached you, an attorney, seeking legal advice on the validity of the decision and the  remedies  available  to  him  under  administrative  law.  Please  answer  all  the questions set out below.

1. Considering the above facts, list the requirements for just administrative action as contemplated in the South African Constitution.
2.  Please advise on what authoritative sources of law from an administrative law perspective could the Director-General of the DCRC rely on in support of its case, if Mr. Moyo aims to challenge the decision of the Director-General?
3.  Discuss the meaning and nature of judicial review and appeal in the context of administrative law.
4.  Does the decision by the Director-General of the DCRC to revoke the ID of Moyo amount to administrative action? In your explanation, refer to relevant case law.
5.  Should Mr. Moyo elect to challenge the Director-General of the DCRC decision, what persuasive sources of law could he rely on to do this?
6.  In  the  preceding  example,  identify  the  administrator,  define  what  an administrator  is  in  the  context  of  administrative  law,  and  explain  what  an administrator does.
7.  If Mr. Moyo is dissatisfied with a decision of the Director-General of the DCRC, may he immediately take the matter to court?
8.  If it is a principle of administrative law that internal remedies must be exhausted first before an aggrieved person can approach a South African court of law. In this  context,  discuss  the  (3)  three  important  features  which  relate  to  this principle.
9.  Identify the various forms of judicial control.
10. Identify the characteristics of an administrative law relationship.
11. In  the  preceding  case  study,  identify  the  organ  of  state,  and  discuss  the meaning of an organ of state as defined in the Constitution of South Africa, 1996.
12. List the overarching constitutional requirements that all administrative action must meet.  
13. Assume that no reasons were given by the Director-General of the DCRC to Mr. Moyo for the revocation of his ID. What remedy is available to Mr. Moyo if he is not satisfied with the lack of reasons provided by the Director-General? Answer the preceding question in terms of the relevant provision(s) of PAJA.
14. Identify the 6 (six) ways in which the legal force of administrative action can be ended?
15. Identify 10 (ten) grounds which qualify as “exceptional circumstances” when the judiciary decides that the rule that internal remedies must be exhausted first may be dispensed with.
16. Identify the 2 (two) common law rules of natural justice.
17. Name the (2) two types of control in administrative law.