This rule applies to the following reviews :
| 2) |
In terms of any other applicable law.) |
| 3) |
A party desiring to review a decision or proceedings of a body or person performing a reviewable function justiciable by the court must deliver a notice of motion to the person or body and to all other affected parties. |
| 4) |
The notice of motion must – |
| a) |
call upon the person or body to show cause why the decision or proceedings should not be reviewed and corrected or set aside; |
| b) |
call upon the person or body to dispatch, within 10 days after receipt of the notice of motion, to the registrar, the record of the proceedings sought to be corrected or set aside, together with such reasons as are required by law or desirable to provide, and to notify the applicant that this has been done; and |
| c) |
be supported by an affidavit setting out the factual and legal grounds upon which the applicant relies to have the decision or proceedings corrected or set aside. |
| 5) |
The person or body upon whom a notice of motion in terms of subrule (2) is served must timeously comply with the direction in the notice of motion. |
| 6) |
If the person or body fails to comply with the direction or fails to apply for an extension of time to do so, any interested party may apply, on notice, for an order compelling compliance with the direction. |
| 7) |
The registrar must make available to the applicant the record which is received on such terms as the registrar thinks appropriate to ensure its safety. The applicant must make copies of such portions of the record as may be necessary for the purposes of the review and certify each copy as true and correct. |
| 8) |
The applicant must furnish the registrar and each of the other parties with a copy of the record or portion of the record, as the case may be, and a copy of the reasons filed by the person or body. |
| 9) |
The costs of transcription of the record, copying and delivery of the record and reasons, if any, must be paid by the applicant and then become costs in the cause. |
| 10) |
The applicant must within 10 days after the registrar has made the record available either – |
| a) |
by delivery of a notice and accompanying affidavit, amend, add to or vary the terms of the notice of motion and supplement the supporting affidavit; or |
| b) |
deliver a notice that the applicant stands by its notice of motion. |
| 11) |
Any person wishing to oppose the granting of the order prayed in the notice of motion must, within 10 days after receipt of the notice of amendment or notice that the applicant stands by its notice of motion, deliver an affidavit in answer to the allegations made by the applicant. |
| 12) |
The applicant may file a replying affidavit within 5 days after receipt of an answering affidavit. |
Copyright Act, 1978
