In terms of administrative law, judicial review is concerned, not with the decision, but with the decision-making process. Therefore, a court must not concern itself with the merits of the decision but with the process taken to arrive at the decision.
The Court of Appeal in its recent judgment cautioned the courts against going beyond the scope of their judicial review powers, lest they be guilty of usurping power under the guise of preventing abuse of power.
Kelebileone Malefo and Yemulani Alfred represented Landmark Projects (Proprietary) Limited and Van & Truck Hire (Proprietary) Limited on appeal against the decision of the High Court to set aside the decision of the Independent Complaints Review Committee awarding a tender to Landmark / Van & Truck Hire Joint Venture and awarding the tender to Cul de Sac (Proprietary) Limited.