Page 33 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL 116 In terms of of of section 36(1) of of of the the Restitution Act “[a]ny party aggrieved by any act or decision of of of the the Minister Commission or or or or any functionary acting acting or or or or purportedly acting acting in in in terms of this Act may apply to have such act act act or or or or decision reviewed by the the the Court ” Section 36(2) gives the the the LCC the the the exclusive jurisdiction to decide reviews of the the exercise of powers under the the Act 117 Similarly s s s s s s 37 of of the the the LTA provides that that the the the LCC has the the the power to review decisions taken in terms of of that that statute 118 This is is is is confirmed by Rule 36(1) which recognises that the LCC has a a a a a power to review any decision or action of an an an an inferior court an an an an arbitrator the the commission the the Minister any any tribunal or or or or board or or or or any any functionary 119 The LCC’s process process for reviews is substantially as the the process process followed under rule 53 of the the High Court Rules It is set out in rule 35:
119 1 1 1 The person bringing an application for review must clearly state the the decision or or action that the the court must review 119 2 The decision-maker must within 15 days dispatch to the the Registrar a a a a a a record of the the proceedings and all documents relevant to the the decision decision as as as well as as as her reasons for the the decision decision 119 3 The applicant within 20 days:
119 3 1 1 1 Must make copies of of of those portions of of of the the record that are necessary for the the purposes of of of the the the the review and and deliver them to the the the the other parties and and 119 3 2 May supplement the the the founding affidavit and amend the the the notice of motion to address the the the contents of the record 119 3 3 3 3 The respondent may within 15 days of of of receiving the the copies of of of portions of of of the the record file an an answering affidavit 119 3 4 The applicant may file a a a a a a a replying affidavit within 10 days 120 While the the the LCC has jurisdiction to review decisions taken under the the the Restitution Act the the the grounds on on on on which it it can exercise that that power are are the the the same that that apply in in the the the High Court If decisions are are administrative action they must be reviewed under the the Promotion of of Administrative Justice Act 3 of of 2000 If they are not administrative action they are reviewed in in terms of of the the principle of of legality VII REVIEW OF OF THE THE DECISION OR ACTION OF OF THE THE MINISTER AND COMMISSION
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