Case Notes: The Correctness Standard of Review
Author Anton Myburgh SC
Affiliations: Senior counsel at the Johannesburg Bar; Adjunct Professor of Law at Nelson Mandela University
Source: Industrial Law Journal, Volume 44 Issue 2, 2023, p. 724 – 733
The traditional conceptualisation is that an appeal is about the correctness of the decision, while a review is about its justifiability. However, there are many decisions and actions by commissioners of the Commission for Conciliation, Mediation and Arbitration that must meet the standard of correctness and are reviewable if they do not. This is known as correctness review. This note examines when correctness review applies, and when it does not.