n Without Prejudice - Contemplating the leniency policy : competition law
|Article Title||Contemplating the leniency policy : competition law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Cliffe Dekker Hofmeyr and 2 Cliffe Dekker Hofmeyr|
|Publication Date||Nov 2011|
|Pages||26 - 28|
It is a general principle that in certain circumstances administrative acts and their consequences must be regarded as valid until set aside. As was said in Oudekraal Estates vs City of Cape Town 2004 (6) SA 222 (SCA) para 26.
"The proper functioning of a modern state would be considerably compromised if all administrative acts could be given effect to or ignored depending on the view the subject takes on the validity of the act in question. No doubt it is for this reason that our law has always recognized that even an unlawful administrative act is capable of producing legally valid consequences for so long as the unlawful act is not set aside."
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