Section 13: Nature of relief
consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
13. Nature of relief
(1) In civil proceedings by or against the State, the Court may, subject to
this Act, make such orders as it may make in proceedings between subjects,
and otherwise give such appropriate relief as the case may require.
(2) (a) Where, in proceedings against the State, any relief is sought as
might in proceedings between subjects be granted by way of injunction or
specific performance, the Court shall not grant an injunction or make an order for specific performance, but may instead make an order declaratory of
the rights of the parties.
(b) In proceedings against the State for the recovery of land or other
property, the Court shall not make an order for the recovery of the land or
the delivery of the property, but may instead make an order declaring that
the plaintiff is entitled as against the State to the land or property or to its
possession.
(3) The Court shall not, in civil proceedings, grant an injunction or make
an order against an officer of the State, if the effect of granting the injunction or making the order would be to give any relief against the State which
could not have been obtained in proceedings against the State.
[S. 13 amended by Act 48 of 1991.]