Grounds for Judicial Review in South African Law

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Prior to the promulgation of the Constitution Act No 108 of 1996 (Constitution), judicial review took place on the common law grounds determined by the Supreme Court of Appeal by virtue of its inherent jurisdiction and through the use of the ultra vires doctrine. The common law grounds for judicial review were encapsulated in the catch-all phrase of the administrator's "failure to apply his mind to the matter".