Fostering of justice

Constitutional jurisdiction of the courts was exercised to foster justice, which meant that the constitutional courts did not interfere with void orders that achieved a fair and just result substantively

Apart from the legal validity of an action taken by an executive authority, its fairness and substantive propriety, deserved greater attention in the exercise of judicial review by the court

Where an order passed by an (executive) authority was without jurisdiction, but more importantly, it achieved a just and fair result in relation to the disposal of a public asset, notwithstanding its legal defect, the said order merited protection and validation

Principles.