The Constitutional Court flexes its administrative muscles
Broadly speaking, administrative action refers to the exercise of public power or the performance of a public function. It is well established that the tender process implemented by an organ of state constitutes administrative action. Section 33(1) of the Constitution provides that "[e]veryone has the right to administrative action that is lawful, reasonable and procedurally fair". This must be read together with section 172 of the Constitution which states that following a declaration of constitutional invalidity of any law or conduct that is inconsistent with the Constitution, a court may make any order that is ‘just and equitable’. Section 8 of…