Constitutional Law
Judicial Review
Judicial review is the power of courts to examine government decisions and laws and to declare them invalid if they are unconstitutional or unlawful.
Legal Definition
The process by which a court examines the legality, reasonableness, and procedural fairness of decisions made by organs of state or persons exercising public power. Grounded in sections 33 (just administrative action) and 172 of the Constitution.
📖 Constitutional / Statutory Basis: Section 33 (Just Administrative Action) and Section 172, Constitution; PAJA (Promotion of Administrative Justice Act 3 of 2000)
Practical Example
If SARS disallows your tax objection without giving reasons, you can bring a judicial review application to have that decision set aside.
Frequently Asked Questions
What is the difference between appeal and review?
An appeal challenges the merits of a decision. A review challenges the process — whether the decision was lawful, reasonable, and procedurally fair, not whether it was correct.
How long do I have to bring a review?
PAJA requires review proceedings within 180 days of becoming aware of the decision, unless a court extends this.
Can I review a private company's decision?
Generally no — review applies to public power. However, some private bodies exercising public functions (like a rating agency) may be reviewable.
Related Terms
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