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Hello i need help with this exam questions in terms of South African Law Question 1 [m- You are the attorney for Bonolo. Bonolo is
Hello i need help with this exam questions in terms of South African Law
Question 1 [m- You are the attorney for Bonolo. Bonolo is challenging the decision of an administrator. Bonolo attempted to renew her driver's licence at her local licencing department, when an official {the administrator) rejected her application for a new driver's licence because, in the official's View, Bonolo's ID photos were not the right photos for her licence renewal application. Bonolo is really upset by this because her ID photos in her licence renewal application were actually taken by an authorised photographer in the local licencing department itself. Bonolo pleaded this to the ofcial but the official refused to change his mind. Answer the following questions. (1.1.1 Bonolo seems to feel that the decision taken by the official will not be reviewed by w the courts with her human rights in mind. Bonolo believes that the court will immediately side with the official, by means of judicial review that is entirely separated from the Constitution and that is done in terms of an entirely secondary legal system. Want-W discuss why Bonolo's views in regard to judicial review of administrative action are incorrect, with reference to the court's decision in Ph ormoceuti'col Manufacturer's Association ofSA: in re Ex porte President of the Republic ofSouth Africa 2000 {2} SA 647 [CC]. Q.1.2 Assume for this question only that Bonolo is a sex worker. She claims that she was arrested by a police officer, Warrant Officer Matshego, just after she exited the licencing building. Warrant Officer Matshego initially told her that she would be prosecuted for engaging in sex work but it turns out that Bonolo's arrest was solely for the purpose of other police officers harassing her at the local police station. The Independent Institute of Education (Pty) Ltd 2022 Pa 21; 22; 23 Bonolo was eventually released from the police station having heard that her matter would not be prosecuted. winter h, analyse ulterior purpose or motive as a ground of review with reference to the Promotion of Administrative Justice Act 3 of 2000 (or PAJA) and how the court interpreted what ulterior purpose or motive is with regard to arrests in the case of Sex Worker Education and Advocacy Task Force v Minister of Safety and Security 2009 (6) SA 513 (WCC)Step by Step Solution
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