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 C: Application for Judicial Review8. Application for judicial review |
| 1) | A person who has not made a request or application in terms of Part B of these rules is not precluded from instituting an application for judicial review in terms of this Part. |
| 2) | The rules concerning applications in the court in which the proceedings are instituted apply to the proceedings under this rule subject to the specific changes effected by it. |
| 3) | An application for judicial review of an administrative action must be brought on notice of motion substantially in accordance with Form F supported by affidavit. |
| 4) | The notice of motion must be addressed to - |
| a) | the registrar of the court in which proceedings are instituted; |
| b) | the administrator; |
| c) | any person against whom relief is sought; and |
| d) | any other person necessary or proper to join in the proceedings. |
| 5) | The supporting affidavit must set out - |
| a) | the grounds of review referring in each case to the relevant provision in section 6(2) of the Act; |
| b) | the remedy which the applicant seeks referring in each case to the relevant provision of section 8 of the Act; |
| c) | whether there is any internal remedy, and if so, whether the remedy has been exhausted, and if not the exceptional circumstances justifying an exemption from this requirement; |
| d) | whether the application was brought within the time period stipulated in section 7 or varied in terms of section 9 of the Act; and |
| e) | whether the applicant acts in a representative capacity, and if so, particulars thereof. |
| 6) | The application comprising the notice of motion, affidavits and annexures must be served upon every party referred to in sub-rule (4). |
| 7) | The application must state- |
| a) | an address and method for delivery on the applicant of all documents in the proceedings provided that if the address is a physical address and the method of delivery is by hand, that address must be within 25 kilometres of the office of the registrar of the court in which the proceedings are instituted; |
| b) | that, if the respondent intends to oppose the application, the respondent must deliver a notice of intention to defend within 15 days of receipt of the notice of motion; and |
| c) | that if the respondent does not deliver such a notice, the registrar will be requested to set the matter down for hearing without further notice. |
| 8) | The administrator responsible for the administrative action must be cited as a respondent. |
| 9) | If the administrator is a functionary, the functionary need not be cited as a respondent if the functionary's department of state, administration or institution has been cited. |
