Van Der Heever v Matjhabeng Local Municipality (4194/2022)
Van Der Heever v Matjhabeng Local Municipality (4194/2022) [2023] ZAFSHC 276 (14 July 2023)
The court found that the applicant's request for the respondent to file the record of the decision was not supported by law, as the respondent credibly asserted that no such record exists due to the council's lack of consideration of the agreement. The application was not one to compel discovery, and even if it were, discovery in motion proceedings is only granted in exceptional circumstances and typically after all affidavits have been filed. Regulation 2(3) of the Administrative Review Rules under PAJA does not apply to self-review applications by organs of state. The absence of a record is…
Source excerpt
- Self Review
- Discovery In Motion Proceedings
- Rule 53
- Rule 6
- Promotion Of Administrative Justice Act