Read the following case study and answer ALL questions that follow:

KHULA AFRICA $($PTY$)$ LTD AND ADMINISTRATIVE LAW:

Khula Africa $($Pty$)$ Ltd is a well$-$established mining company which was founded in $1999.$ Khula Holdings $($Pty$)$ Ltd has successfully operated its business in the South African mining industry over the last few decades. The company is situated within Ballito which is situated on the North Coast of Durban in KwaZulu$-$Natal. Ballito is a beautiful coastal town well$-$known for the Bottlenose Dolphins that frequent its waters.

The Minerals and Petroleum Resources Development Act $28$ of $2002($MPRDA$)$ makes provision for equitable access to and sustainable development of the nation's mineral and petroleum resources and further provides for matters connected therewith.

According to the MPRDA Act, Khula Africa $($Pty$)$ Ltd$.\text{'}$s real right to mine automatically ceased to exist on the date the Act came into operation. Hence, Khula Africa $($Pty$)$ Ltd had to apply for a "new order" mining rights to carry on with its business. Consequentially, Khula Africa $($Pty$)$ Ltd applied for mining rights in the Lake$-$ridge complex, however the application was summarily turned down by the Department of Minerals and Energy and no reasons were provided to Khula Africa $($Pty$)$ Ltd$.$ It was discovered that mining rights pertaining to the Lake$-$ridge complex were granted to a rival company which is Khula Africa $($Pty$)$ Ltd$.\text{'}$s biggest competitor. The official who turned down Khula Africa $($Pty$)$ Ltd$.\text{'}$s application is a shareholder at the rival company.

QUESTION $1$

$[20$ Marks$]$

$1\mathrm{.}1$ Analyse the above and identify the organs of state in the above scenario. In your answer, provide a definition of the term organ of state.

$1\mathrm{.}2$ Evaluate the above and identify the administrator in the above scenario. In your answer, provide a definition of the term "administrator".

$1\mathrm{.}3$ Discuss whether administrative law applies to the above scenario.

QUESTION $2$:

$[10$ Marks$]$

The decision maker at the Department of Minerals and Energy has come across the principle of legality and is unsure what the concept entails. He approaches you in this regard.

Provide a discussion elaborating on the principle of legality within the constitutional framework.

The End.