The Simelane Case: The judicial review of the acts of appointment issued by the head of the executive branch, in light of relevant considerations and the principle of rationality

Abstract

This article aims to inform the portuguese-speaking legal community about the theoretical underpinnings that were drawn from the trial of Democratic Alliance v President of South Africa and Others (the Simelane case). The peculiarities of this case are examined, and the main arguments upheld by the Supreme Court of Appeal and the Constitutional Court of South Africa are analyzed. The article addresses the position of the South African doctrine and reflects on the underlying context of contemporary South African administrative law and constitutional law and their engagement with administrative comparative law and the history of South African law. Finally, based on this evaluation, the adoption of relevant considerations and the principle of rationality is proposed, to act as guidelines for the Brazilian judiciary in its review of appointments that have a political and governmental or similar nature.