sec.271Enforcement of access determinations

sec.271 Enforcement of access determinations

If the Court is satisfied, on the application of a party to an access determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders: an order granting an injunction on such terms as the Court thinks appropriate— restraining the other party from engaging in the conduct; or if the conduct involves refusing or failing to do something—requiring the other party to do that thing; an order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention; any other order that the Court thinks appropriate. The revocation of an access determination does not affect any remedy under subsection (1) in respect of a contravention of the determination that occurred when the determination was in force. If the Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned. A reference in this section to a person involved in the contravention is a reference to a person who has— aided, abetted, counselled or procured the contravention; or induced the contravention, whether through threats or promises or otherwise; or been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or conspired with others to effect the contravention. s 271 amd 2017 No. 23 (SA) s 7 ; 2022 No. 21 (SA) s 77 (sec.271-ssec.1) If the Court is satisfied, on the application of a party to an access determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders: an order granting an injunction on such terms as the Court thinks appropriate— restraining the other party from engaging in the conduct; or if the conduct involves refusing or failing to do something—requiring the other party to do that thing; an order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention; any other order that the Court thinks appropriate. (sec.271-ssec.2) The revocation of an access determination does not affect any remedy under subsection (1) in respect of a contravention of the determination that occurred when the determination was in force. (sec.271-ssec.3) If the Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned. (sec.271-ssec.4) A reference in this section to a person involved in the contravention is a reference to a person who has— aided, abetted, counselled or procured the contravention; or induced the contravention, whether through threats or promises or otherwise; or been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or conspired with others to effect the contravention.