Page 34 - 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 121 If a a a a a a decision is is is administrative action the procedural requirements of PAJA will still apply These include:
121 1 1 1 Exhausting any internal remedies and
121 2 2 Lodging the the the application within 180 days of of when the the the applicant became aware of of the the the decision or applying for for condonation for for late filing 122 If the the decision is is is not administrative action as defined in fin in in in PAJA the the applicant must ordinarily exhaust internal remedies and
must bring the application within a a a a a a reasonable time 123 The LCC has the the same remedial powers when reviewing as as as it would would ordinarily and
as as as the the High Court would would have when conducting a a review In short:
123 1 1 The LCC can grant any order that is “just and
equitable” but
123 2 2 If it it it wishes to to grant compensation or or to to substitute its decision decision for the the decision decision of the the functionary there must (under PAJA) be exceptional circumstances PAGE 34 PAGE