The Viability of the Principle of Proportionality in South African Administrative Law

Abstract

At the most basic level, the principle of proportionality captures the common-sensical proposition that, when the government acts, the means chosen should be well-adapted to achieve the ends it is pursuing. In essence, the purpose of proportionality is to avoid an imbalance between the adverse and beneficial effects of a decision by looking at the means chosen and the ends to be achieved. This is done by balancing competing interests and conflicting rights through the lens of administrative justice. Furthermore, the ground of reasonableness is already inclusive of proportionality. Therefore, reasonableness does not only concern itself with the rationality of a decision but also with the proportionality thereof. Having cognizance of the aforementioned, this paper will evaluate the viability of the principle of proportionality and why it should be implemented as a substantive ground under South African administrative law.