39.—(1) On an appeal under section 38, the High Court may —
(a)
allow the appeal;
(b)
dismiss the appeal; or
(c)
remit the matter to the tribunal with such directions as the Court thinks fit, which may include a direction to the tribunal for a new hearing.
(2) On an appeal under section 38, the High Court may make such order as to costs and expenses as the Court thinks fit, but may not —
(a)
reverse or vary any determination made by a tribunal on questions of fact; or
(b)
receive further evidence.
(3) A decision of the High Court under subsection (1) shall be final and shall not be subject to any appeal.
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Informal Consolidation | Amended Act 40 of 2019
Powers of General Division of High Court on appeal
39.—(1) On an appeal under section 38, the General Division of the High Court may —
(a)
allow the appeal, and set aside or vary the tribunal’s order;
[Act 33 of 2018 wef 01/11/2019]
(b)
subject to such directions as the General Division of the High Court thinks fit, remit the matter to the tribunal for reconsideration, or order a rehearing of the matter by a different tribunal; or
[Act 33 of 2018 wef 01/11/2019]
[Act 40 of 2019 wef 02/01/2021]
(c)
dismiss the appeal.
[Act 33 of 2018 wef 01/11/2019]
[Act 40 of 2019 wef 02/01/2021]
(2) On an appeal under section 38, the General Division of the High Court may make such order as to costs and expenses as the General Division of the High Court thinks fit, but may not —
(a)
reverse or vary any determination made by a tribunal on questions of fact; or
(b)
receive further evidence.
[Act 40 of 2019 wef 02/01/2021]
(3) A decision of the General Division of the High Court under subsection (1) shall be final and shall not be subject to any appeal.