Judicial Review of Administrative Action in South Africa

Introduction

Judicial review of administrative action is a cornerstone of administrative law in South Africa. It enables courts to ensure that administrative bodies act within their legal authority and comply with procedural fairness requirements.

Grounds for Review

Courts review administrative decisions on several grounds:

Illegality

An administrative decision is unlawful if the decision-maker exceeded their legal authority, made an error of law, or failed to exercise a discretionary power properly.

Procedural Unfairness

Decision-makers must observe the rules of natural justice: the right to be heard and the rule against bias. The requirements of procedural fairness depend on the nature of the decision and its impact.

Irrationality

A decision may be challenged as unreasonable under the Wednesbury standard if it is so unreasonable that no reasonable decision-maker could have reached it.

Procedure

Applications for judicial review typically require leave or permission.

Remedies

Available remedies include certiorari (quashing), prohibition, mandamus (compelling action), declaratory relief, and injunctions. Courts may also award damages in appropriate cases.

Conclusion

Judicial review ensures accountability and legality in administrative action. The scope and intensity of review continue to evolve as courts balance executive efficiency with individual rights.