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Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)

8. Remedies in proceedings for judicial review

 

1) The court or tribunal, in proceedings for judicial review in terms of section 6(1), may grant any order that is just and equitable, including orders-
a) directing the administrator-
i) to give reasons; or
ii) to act in the manner the court or tribunal requires;
b) prohibiting the administrator from acting in a particular manner;
c) setting aside the administrative action and-
i) remitting the matter for reconsideration by the administrator, with or without directions; or
ii) in exceptional cases-
aa) substituting or varying the administrative action or correcting a defect resulting from the administrative action; or
bb) directing the administrator or any other party to the proceedings to pay compensation;
d) declaring the rights of the parties in respect of any matter to which the administrative action relates;
e) granting a temporary interdict or other temporary relief; or
f) as to costs.

 

2) The court or tribunal, in proceedings for judicial review in terms of section 6(3), may grant any order that is just and equitable, including orders-
a) directing the taking of the decision;
b) declaring the rights of the parties in relation to the taking of the decision;
c) directing any of the parties to do, or to refrain from doing, any act or thing the doing, or the refraining from the doing, of which the court or tribunal considers necessary to do justice between the parties; or
d) as to costs.