Administrative law and collateral challenges

16 September 2019 00:00


Trudon claimed R3,5 million from the prosecuting authority (NPA) but the NPA pleaded that the agreements for advertising were unlawful and constitutionally invalid. Could the NPA raise the constitutionality and invalidity of the agreements by amendment to the plea - without an application to review and set aside the agreements?

See Oudekraal Estates (Pty) Ltd v City of Cape Town [2004] 3 All SA 1 (SCA):

An administrative act, even if invalid and unlawful, stands and has legal consequences until set aside by a court in proceedings for judicial review.

Could the NPA proceed by way of collateral challenge, as an exception to the Oudekraal principle?

Read the full case here.