The application of rationality review in the Constitutional Court

Abstract

Although the Promotion of Administrative Justice Act (PAJA)1 provides for instances where administrative decisions and actions are reviewable, decisions are most likely to be reviewed based on their irrationality. However, there is still uncertainties as to what exactly constitute an administrative action and when is an administrative decision irrational and therefore reviewable. In other words, what is the scope of rationality of administrative actions? There seems to be more questions than there are answers on this aspect, this is mostly caused by the fact that executive as another organ of state in the fore front of administrative decisions has not covered itself in glory in this regard due to a possible lack of understanding of the Constitution, or a simple insouciant, equanimous and lackadaisical interpretation of the Promotion of Administrative Justice Act. This warrants analysis to ascertain what exactly rationality is and where and when is it applicable.