Older Persons Act, 2006
R 385
Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)Rules of Procedure for Judicial Review of Administrative ActionPart B: Request for Reasons and Disclosure7 Application to compel disclosure and access |
| 1) | The requester may apply to court for an order compelling the administrator to furnish a list of relevant documents or grant access to a document on the list in Part 1 of Schedule A to Form D if the administrator- |
| a) | fails to respond to a request to furnish a list within the time period referred to in rule 4; |
| b) | refuses to furnish a list; or |
| c) | refuses to grant access to a document listed in Part 1 of Schedule A to Form D. |
| 2) | Any such application must be made- |
| a) | on notice of motion; |
| b) | supported by affidavit; and |
| c) | within 15 days of the failure or notification of the refusal in question. |
| 3) | A court may grant an application for furnishing a list or access to a document in Part 1 of Schedule A to Form D if it is satisfied that- |
| a) | the applicant has legal standing to bring an application for judicial review of the administrative action; |
| b) | any internal remedy contemplated in section 7(2)(a) of the Act in respect of the administrative action to be reviewed has been exhausted, or if not, that there are exceptional circumstances for an exemption from this requirement; |
| c) | the applicant has made a request under rule 4(1); |
| d) | the application is made within 15 days of the notification of refusal of a request; |
| e) | there are prima facie grounds for the intended review of the administrative action; and |
| f) | the documents are necessary for the intended review of the administrative action. |
