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PAIA / Sections / Section 79
Section 79

Procedure

Part 4 · Appeals Against Decisions · Chapter 2 — Applications to Court

(1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must, before 28 February 2009, subject to the approval of the Minister, make rules of procedure for— (a) a court in respect of applications in terms of section 78; and (b) a court to receive representations ex parte referred to in section 80(3)(a).

(2) Until the rules of procedure in terms of subsection (1)(a) come into operation, an application in terms of section 78 must be lodged with a High Court or another court having jurisdiction.

(3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

[S 79(1), words preceding (a), substituted by s 27 of Act 66 of 2008.] [S 79(1) amended by s 23 of Act 55 of 2003.] [S 79(2) substituted by s 23 of Act 55 of 2003.]
procedureRules BoardHigh Courtjurisdiction
Beyond the text

What this means in practice

  • PAIA court applications follow rules made by the Rules Board; where those rules aren't in operation, applications go to the High Court or another court with jurisdiction.
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