The Constitutional Court has reaffirmed that a decision reached by a commissioner in the CCMA can be set aside if it is one that a reasonable decision-maker could not reach. Applying this test gives effect not only to the constitutional right to fair labour practices, but also to the right to administrative action which is
Where a public authority seeks to coerce a person into compliance with an unlawful administrative act, that person can challenge the validity of the administrative act. This is called a collateral challenge.
The right to challenge the validity of an administrative act collaterally in response to threatened enforcement arises because the validity of the administrative
A municipal tender provided that the municipality did not have to accept the lowest tender and was entitled to cancel the tender or reject all tender offers at any time before formation of a contract. It was held in City of Tshwane v Nambiti Technologies (Pty) Ltd that this was not administrative action and could
The courts have again emphasised that where a regulatory body is established by legislation with powers to regulate (e.g. the Financial Services Board), their decision to make regulations is an administrative decision that can be challenged in court.
Where the regulations are irrational, unconstitutional or contrary to law or made without proper public consultation they