The impact of the Constitution on judicial review of administrative action in South Africa: a critical appraisal

Abstract

This dissertation is concerned with the impact of the Constitution on judicial review of administrative action in South Africa,, and the lessons to be learned from other matured legal systems notably: England , Australia , USA, Germany and Namibia . Prior to 1993 , the era of parliamentary supremacy in South Africa , there existed a lacuna in administrative law review as the latter was not clearly defined and codified and the grounds of review were highly limited . Although there were principles to guide the courts in the exercise of their inherent jurisdiction to control administrative bodies, the courts role was inhibited by the doctrine of parliamentary sovereignty and the ouster clauses. The Constitution has radically changed the way things are to be done. It has introduced a new paradigm , a culture of justification, a culture of legality, a culture of procedural fairness and a culture of consultation in decision making-process. The grounds of judicial review have been codified and expanded under the Promotion of Administrative Justice Act (P AJA) The courts in South Africa and Namibia and Germany are independent and ready to cabin or remit any excess of power. Comparatively speaking the same cannot be said of the United Kingdom, United States of America and Australia, where the right to just administrative action has not been constitutionalized. However, all government officials in South Africa should be trained with regard to the imperatives of the Constitution and PAJA.