PLEASE HELP ME HERE

QUESTION 1

Mr Donogood is an exconvict who has managed to secure a job as a truck driver transporting fruits from the Eastern Cape to Gauteng. He was the victim of ahijacking and his wallet that contained his drivers' licence was stolen. Since then he has been the recipient of many traffic fines for driving without a valid licence. He has approached the Watloo Licencing Department in Pretoria for a replacement. He stands in the queue to pay the R120 that is necessary for him to be issued with the licence but realizes that he has forgotten his bank card and requests to go and get it from the car. When he arrives at the car, he remembers that he actually left it at home. He quickly rushes to collect it and is back within an hour. When he arrives at the Licensing Department the official hands him a letter notifying him that he will not be issued with a licence. In the letter there is no mention of the reasons as to why his licence replacement has been unsuccessful.

Mr Donogood is an exconvict; can he request reasons? (10)

Suppose for this question only, AND Mr Donogood is permitted to apply for reasons in terms of PAJA. Advise Mr Donogood on the steps he should take to request reasons.

Compare, prohibitory, mandatory and structural interdicts and advise when each would be used in administrative law.

Q.2 The Legal Aid Board is an organisation that is committed to providing free legal assistance to indigent members of the community who earn less than R7 500 a month. To date, they have provided free legal advice to more than three million people.Due to the increased demand for these services and a dwindling revenue, they have opted to make changes to the manner in which legal services are provided. In an internal memorandum circulated to the Legal Aid Board staff, a new structure is adopted. It is only individuals earning lessthan R2 500a month who are eligible to get free legal advice. Since then, many people have been turned away without receiving any advice.

A. Advise on whether the action of the Legal Aid Board violated procedural rights. In your answer:

Identify the section of PAJA that is relevant in this present scenario.

Discuss the procedures that they should have followed before such a decision was taken.

Advise on whether this decision can be judicially reviewed

Q.3 Compare standing under the common law, under S38 of the Constitution and under PAJA. aND include the following:

A description of the concept of standing.

An explanation of the rationale for a standing requirement.