n Without Prejudice - The letter versus the spirit of the law : the law

Volume 13, Issue 8
  • ISSN : 1681-178X



In their need to ensure the proper implementation of the myriad rules and legislation that comprise administrative law, administrators may sometimes lose sight of the constitutional principles forming the backbone of these laws. They do so at their peril. In many instances the courts have held that administrative decision-making that does not heed constitutional principles, specifically those listed in s217(1) of the Constitution, are formalistic and technical and thus invalid.

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