Assignment 1 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 2025
QUESTION 1 (2 ANSWERS PROVIDED)
In South African administrative law, judicial review and appeal serve distinct yet
complementary functions in ensuring administrative justice.
Judicial review focuses on the legality or validity of an administrative decision. It examines
whether the decision-maker acted within the scope of their lawful authority and followed fair
procedures when arriving at the decision. Under the Constitution and the Promotion of
Administrative Justice Act 3 of 2000 (PAJA), courts enjoy inherent review jurisdiction, allowing
them to scrutinize all administrative action for compliance with legal requirements such as
lawfulness, procedural fairness, and reasonableness. Judicial review thus looks at the process
rather than the merits of the decision. It may go beyond the initial record to detect any
procedural irregularities, bias, or unauthorized action. If a court finds a decision unlawful, it can
grant an appropriate remedy, which could involve setting aside the decision or remitting the
matter for reconsideration.
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