Rural Maintenance (Pty) Ltd and Another v Minister of Finance and Others (6068.2023)
Rural Maintenance (Pty) Ltd and Another v Minister of Finance and Others (6068.2023) [2024] ZAFSHC 408 (30 December 2024)
The court held that the obligation to produce a record under Rule 53(1)(b) does not depend on the prior establishment of review jurisdiction. The entitlement to the record arises as of right once review proceedings are instituted, and the merits of reviewability are for determination in the main application, not at the interlocutory stage. The financial recovery plan materially affects the applicants' rights and is subject to review. National Treasury's refusal to provide the record was unjustified and infringed the applicants' constitutional rights to access to court and a fair hearing. The…
Source excerpt
- Rule 53 Record Production
- Reviewability Of Administrative Action
- Financial Recovery Plan
- Municipal Intervention
- Costs Award