Synopsis:
Application for confirmation, in terms of section 172(2)(d) of the Constitution, of part of an order of the North Gauteng High Court, Pretoria concerning the lawfulness and rationality of the decision of the President of the South Africa on the remuneration of Regional Magistrates and Regional Court Presidents. The Court held that the President’s exercise of power under section 12 of the Magistrates Act 90 of 1993 could not be challenged as administrative action because different functionaries are involved at different levels of the process of making a decision. The Court held that the President’s decision was not irrational. The order of the High Court was set aside.
Judgment: Nkabinde J (unanimous).
