About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

117 S. African L.J. 484 (2000)
The Future of Judicial Review in South African Administrative Law

handle is hein.journals/soaf117 and id is 494 raw text is: THE FUTURE OF JUDICIAL REVIEW IN
SOUTH AFRICAN ADMINISTRATIVE
LAWt
Cora Hoexter*
Professor of Law, University of the Witwatersrand, Johannesburg
South African administrative law of the twentieth century cried out for
two things. First, it called for completion. There was a need to develop an
integrated system of administrative law in which judicial review could
play a more suitable and more limited role. Secondly, it called for the
construction of an appropriate theory of deference. There was a need to
identify principles to guide the courts' intervention and non-intervention
in administrative matters.
The history of South African administrative law explained both of
these requirements. The field had always been dominated by judicial
review, other controls and safeguards in the administrative process having
been relegated to unimportant positions or neglected altogether. Further-
more, judicial review was given special prominence during the decades of
Apartheid, when South African lawyers placed great reliance on judicial
intervention in administrative matters to remedy the injustices of political
and legal oppression. In the process they fostered an attitude that was
distinctly 'pro-review' and 'anti-administration'. Their assumption
-apparently justified by history-tended to be that the more review
there was, the better things would be. As a result of these factors, most
South African administrative lawyers became preoccupied with judicial
review, so much so that they largely ignored its limits and limitations. This
unbalanced stance was entirely understandable, but it was not necessarily
appropriate to the era of constitutional democracy introduced in 1994.
South African administrative lawyers naturally hoped that the
constitutionally-mandated legislation on administrative justice would
help to fulfil these needs: that it would lay the foundations for an
integrated system of administrative law, and that it would allow for the
construction of a balanced approach to judicial intervention.
In this article I shall argue that these hopes have been disappointed by
the enactment, early this year, of the Promotion of AdministrativeJustice
t I am very grateful to Hugh Corder and lain Currie for commenting on drafts of this article,
and to Clive Plasket for his valuable suggestions. I remain responsible for the views expressed here.
* BA LLB (Natal) MA (Oxon), Advocate.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most