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PAIA / Sections / Section 82
Section 82

Decision on application

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

The court hearing an application may grant any order that is just and equitable, including orders— (a) confirming, amending or setting aside the decision which is the subject of the application concerned; (b) requiring from the information officer or relevant authority of a public body or the head of a private body to take such action or to refrain from taking such action as the court considers necessary within a period mentioned in the order; (c) granting an interdict, interim or specific relief, a declaratory order or compensation; (d) as to costs; or (e) condoning non-compliance with the 180 day period within which to bring an application, where the interests of justice so require.

[S 82(c) amended by s 29 of Act 42 of 2013 with effect from 22 January 2014.] [S 82(d) amended by s 29 of Act 42 of 2013 with effect from 22 January 2014.] [S 82(e) added by s 29 of Act 42 of 2013 with effect from 22 January 2014.]
court orderjust and equitablereliefcosts
Beyond the text

What this means in practice

  • The court has broad remedial power: confirm, amend or set aside the decision, order the body to act or refrain, grant interdicts, declaratory relief, compensation and costs.
  • It can even condone a late application where the interests of justice require — access rights aren't easily lost on a technicality.
Relevant tool

PopiGuard helps you resolve access disputes long before they reach a court order.

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