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$.$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$.$s biggest competitor. The official who turned down Khula Africa $($Pty$)$ Ltd$.$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. $(4)$

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

$$administrator$.(4)$

$1\mathrm{.}3$ Discuss whether administrative law applies to the above scenario. $(12)$

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.