%PDF-1.5 2 0 obj The requirements for locus standi under the constitutional dispensation, with specific reference to the generous judicial approach to matters, specifically where fundamental rights are violated or threatened, were examined. In Rapotsonyane v Sekhukhu Syndicate 2006 (2) BLR 607 CA, the court adopted the analysis of the law in Morenane Syndicate and Others v Loeto {2005} 2 B.L.R. Introduction . In the case at bar, petitioner’s representatives have complied with the qualifying conditions or specific requirements exacted under the locus standi rule. now launches against the Applicant’s locus standi. The dissertation presents the specific lessons Germany can learn from South Africa to facilitate public interest environmental litigation. @��?=pkصwA�h�DC�N8�@K�H�"�N^��;���a7�&G��PSݵܺ˹K�L��}��?�z����������'ݿ>pa�C��?��[��u�_�: ]�5^���������G�{z�����٫'���/O~>|w���tyy����}����٧��������NN/O�Nw����%�8:|t���}��t.>�ױ�P��uN���:�뺾��λ�.��a=�·�v�0�:A+�|�`p�+k�!���#�!���W ��� V|�c�6Z��e�;Ґ�ץuѼ��uS��s��G���a�g����3^�Θ+bARܯ{0;�5��k}���`=��iX�������;�q�4����HN{�A(@M�k� ̲��׽�.&�7J@gІ����9�����/(wl�z�*i��s���Oh��:����"�J\;lcŘ �$m��A�:���H@sa�׽�z��8��� k�^ؾHlBMFsXS�Q԰�ԡ'�� ���3��2*S��.Klיp٘OA{�\�YR��EM�V� endobj Summary. H‰¼•yTÓWÇß/ÁB±(^ !DQÄJØ*(B „Dˆ,B]‚UŠ"Ž(""eZ©+2Š¨­[Åz Åk]PÁ The inadequate regulation of mining, and negligible compliance monitoring and enforcement, has had and continues to have significant negative impacts on the environment in South Africa. BT 5. 0 g 0 G 0 i 0 J []0 d 0 j 1 w 10 M 0 Tc 0 Tw 100 Tz 0 TL 0 Tr 0 Ts BY Thendo Resnic Ramagoma Submitted as the dissertation component (which counts for at least fifty percent of the degree) in partial fulfilment of the requirements for the degree of Master of Laws in the School of Law, University of Natal, 1997. The SCA considered the requirements for locus standi, being that the appellant must have an adequate interest in the subject matter of the litigation; the interest must not be too remote; the interest must be actual; and the interest must be current (not hypothetical), and concluded that the court a quo rightly found that the appellant had failed to establish locus standi. A LEGAL ACTION . <> 2017-08-23T15:34:39+02:00 the requisite locus standi to approach this Court and by extension the CCMA, in respect of this matter. The following are the most important requirements for any action: Locus standi – right to institute action. However, the ACtHPR has restrictions on locus standi. endstream endobj 290 0 obj <> endobj 325 0 obj <> endobj 331 0 obj <> endobj 332 0 obj <> endobj 333 0 obj <> endobj 334 0 obj <> endobj 335 0 obj <> endobj 336 0 obj <> endobj 337 0 obj <> endobj 338 0 obj <> endobj 339 0 obj <> endobj 340 0 obj <> endobj 341 0 obj <> endobj 342 0 obj <> endobj 343 0 obj <> endobj 344 0 obj <> endobj 345 0 obj <> endobj 346 0 obj <>/MediaBox[0 0 612 792]/Parent 329 0 R/Resources<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 347 0 obj <>stream 0 -18.949 Td This complaint can be described as frivolous in that it does not take the matter any further. ÷àº; 3.zÈçÇ xú Jóyò…‘µ¨€$öÙ;8„&. While the dissertation concludes that South Africa has liberalised its locus standi requirements in a more consistent manner, it argues that the liberalisation of locus standi requirements has not opened the often-feared floodgates in both jurisdictions. IN THE HIGH COURT OF SOUTH AFRICA REPORTABLE EASTERN CAPE LOCAL DIVISION, MTHATHA ... has not met the requirements for an interim interdict, in that he has failed to establish that he has locus standi (and accordingly a prima facie right), that he has not … H‰ŒT]o›0}çWøÑLl¾#U•Ö¤›6©S§Rí¡Ý!&a 8µÍºüûÝkH“¶‰”0‡{Ï=÷ÚÁgešº¬¹¸îú¹Ùn ~•F¨¶TO$(,p[.›®4ìÈååÕlJœg‡û, ³d“ýÊ;ò$ñSÆ6II˜æ~’¤¶Û3( (University ) Tj 2017-08-23T15:34:39+02:00 Act15 have broadened the notion of locus standi and the Court according found that the voluntary association was befit with locus to institute proceedings in its name. (Town) Tj In the wider application of the rules of locus standi in the constitutional era the locus standi of … Cause of action – have proper claim. 26.683 0 Td Locus standi to make a direct application to the Supreme Court in terms of s 24 is much narrower than the common law. Before moving on to the judicial application of the requirements for standing in South Africa's constitutional dispensation, however, it is apt first to refer briefly to the pre-constitutional position in cases where a direct or indirect public interest was at stake. Many of these impacts cannot be remedied, and will continue to … The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> In terms of articles 5 and 6 of the Protocol, parties that will be in a position to submit cases before the court (locus standi) include state parties, African inter-governmental organisations, individuals and NGOs with observer status before the ACmHPR. The dissertation presents the specific lessons Germany can learn from South Africa to facilitate public interest environmental litigation. The paper concludes with a discussion of the approach to locus standi under the new constitution with a view to demonstrating how the new approach is likely to impact on the right of access to justice and human rights protection. Locus standi in South African law As a general rule the court will not decide on the illegality of the ad ministrative act complained of unless the applicant can show that the matter is "justiciable" ie that it is worthy of a trial. Since the new approach in Zimbabwe is greatly informed by the South African approach to locus standi, a brief analysis of standing in South Africa is made. The interpretational broadening of the common-law requirements of locus standi in iudicio in public and own-interest constitutional actions: a necessary development by the South African courts Section 38 of the Constitution, particularly read and applied in conjunction with the Promotion of Administrative Justice Act 3 of 2000, has revived the public action in South African law. b��6li���d�# t.��� _IǤ�z��a��2P3jĐ)$�E�x��T�jR�ڛ Context The liberalisation of locus standi requirements has fundamentally increased the opportunities for public interest litigation.1 This dissertation seeks to comparatively review the issue of how locus standi requirements have changed in South Africa and Germany and how this has affected public interest The CCMA commissioner agreed with the submissions made by KCC and held that NUM had no locus standi to represent Mabote. x��\ioǵ�. Because the rules of locus standi determine whether an individual can approach the courts to vindicate a right, they significantly affect an <> (Cape ) Tj 1 The terms “locus standi” and “standing” are used interchangeably throughout the dissertation. locus standi: the right ofa party to appear and be heard before a court. 2 Constitution of the Republic of South Africa, 1996 hereinafter interchangeably referred to as “the Final Constitution”, “the South African Constitution” or “the Constitution”. In other words, it relates ... A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. endstream endobj 350 0 obj <> endobj 352 0 obj <> endobj 353 0 obj <> endobj 322 0 obj <> endobj 354 0 obj <> endobj 355 0 obj <>stream Introduction 1.1. Summary: Court Practice:locus standi: whether appellant couldbring the application : ... association which is guaranteed in s 18 of the Constitution of the Republic of South Africa, 1996 (the Constitution). While the dissertation concludes that South Africa has liberalised its locus standi requirements in a more consistent manner, it argues that the liberalisation of locus standi requirements has not opened the often-feared floodgates in both jurisdictions. Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). Locus Standi [3] The respondents contend that the applicants do not have locus standi in this matter, as the applicants failed to allege in the founding papers that they were invested with the requisite authority to commence these proceedings in terms of the provisions of section 386 (3) (a) and (4) (a) of the Companies Act, No. 2010-01-01T00:00Z %PDF-1.7 %âãÏÓ ����9ӧQԵ4�A�.��|�(J��Ε����b�Vh�"�����t=75t� RKSR��Ҭ:���U���x�Ԣ)H�l����������[+�d�T⢑�,ߨ�_�q�T�M��뭯�jE�p�d�亹��"�RFP�4,v��`� Z� 37 by Kirby J that: endstream endobj 329 0 obj <> endobj 349 0 obj <>>>/Resources 352 0 R/Subtype/Form>>stream 4 [4] The application proceeded as an opposed matter. This, I say, because the second and third applicants are properly before this court. Jurisdiction – either s 28 where defendant resides or works or consented to in terms of s 29. 1 0 obj 2 Neutral citation: Theron v Loubser (161/13) [2013] ZASCA 195 (2 December 2013) Bench: Ponnan, Leach, Majiedt, Wallis and Petse JJA Heard: 13 November 2013 Delivered: 2 December 2013 Summary: Trusts – locus standi - any person who has an interest in entitled to approach the court for declaratory relief as to who are the trustees of the trusts. uuid:d85e0133-a2d7-4b1e-b1fb-5c7260626518 61 of 1973. The title of her LLM mini dissertation is “The need and requirements for a class action in the South African Law with specific reference to the prerequisites for locus standi in iudicio”. application/pdf 0 g stream The legal position: [3] One of the most important requirements for any legal action is locus standi (in judicio), which is essentially the right to institute action. rest the locus standi complaint. �ȹ:�$����%!�E�1{nz���� ���"�[NQ��,�� � sٛ(� D�b�P���D���MȅR>H�Л�F$�$� ������ ^�D�zka�.W����ya�����Z�l��V��؀m�Y�"'��J�*[����@g�*�T+i��F��q@J��!�����M�#���U�A�b�R����5�h�����ܧ���@ �>H�*��Κ���l{q��y�c�la/��*�}O�i����,LE��"�����Ҩ(^0�pU�����H����D`O�HbFIfd�T��A�ىN��ʀ=���B�v� _K/����h �� 294 0 obj <>>>/Metadata 291 0 R/OCProperties<><><>]/OFF[]/Order[]/RBGroups[]>>/OCGs[324 0 R]>>/Pages 290 0 R/StructTreeRoot 325 0 R/Type/Catalog>> endobj 323 0 obj <>/Font<>>>/Fields[]>> endobj 291 0 obj <>stream <>>> ET 4 0 obj i LOCUS STANDI: STANDING TO BRING . Even if it were to be held that the first applicant lacks locus standi, that will not affect the legitimacy and/or the validity of LOCUS STANDI IN ENVIRONMENTAL LITIGATION: A SOUTH AFRICAN PERSPECTIVE. F ±¨,ôY“ŒqÀ¡Ä-þÙ©|—ʈ†~’bv"4|ǧC£óYãóY“óYÓóY³w¬ÉéÐü|ÖÉ1­´X¹^LgÑJº1ÝlU³\7¡#*k»©Y5úu)tã¦T»^JÉ_o õ˜Ñtû°=OÙ»^Tþü!ÝÖ¿‹ïV÷³QÙs/ Î/l‚lNÁ ÈL^3B5ÅbσíL×hƈ‰%sázÙ(³øê6ý|Ý蕥ŒXN_pJëRZÛb×ë¡RDÊê©C~ùØZ,–¢ó%F£ÏÏеֲW•ð]Î7?hZ̆VèñJÈ­µ‘­ Þ­ç»è^¬k¶Ž¿jk_åt&Á=b¿bªM¿Ø¢¬1nƒvH¨#äÔÛ+²ƒÓ¶BUM¹Æ†*œˆŒŠRU+ëã¦W\H-¬DÙaÜÖú‰DnönºÓÓÓ͏^ôÖvZò [¶r¨"Oé|ï Œ£›Qkw>¡÷‰ÒÁy2>¼§åÆF䴐/ݐÿHïÁÂiñèŠ#3 „ØÛE‰haDÅ¿jmej؝€T8‡¢Ó¸cH—ª´Ñ&ÍØ£r? Procedure. uuid:c51fd539-b670-40cb-8577-d9864f2f2400 1 1. Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa 2 December 2013 MEDIA SUMMARY 1. g{Q5˜þÏV#&ú¯ÇêƒWáÁíÌÁ:ŸÅxAƒTûyþÎåëÂù/À “¨ˆI � �F���P'�$h�. 3 0 obj endobj The legal realm is divided broadly into substantive and procedural law. %���� The applicant has to go further and establish that the Declaration of Rights has been or is likely to be contravened in respect to itself. The concept of ‘locus standi’, or ‘standing’ as it is otherwise known, is particularly relevant to administrative law, although it also has importance in relation to some aspects of European law and also to human rights law. Locus standi in environmental law W Bray Senior lecturer, Department of Constitutional and Public International Law University of South Africa Introduction Environmental law is a relatively new dimension in the law which encompasses many conventional fields of law but has developed a distinct public law character. /Arial 24 Tf [19] Locus Standi is a matter of law and cannot be conferred by consent or condonation of the court, Exparte Johannesburg Congregation of the Apostolic Church 1968 (3) SA 377 (W). It is not sufficient to simply establish that the applicant has an interest in the matter. 112.02 0 Td Locus standi in judicio National Engineering Workers Union & 2 Ors v National Employment Council for the Engineering iron & Steel Industry (HH 686-20, HC 8111/19) [2020] ZWHHC 686 (30 October 2020); P … This issue is pertinently addressed herein below. It is submitted that these requirements will be of assistance when the citation of the parties is to be drafted. As citizens, their interest in the subject matter of the petition is direct and personal. 64.043 0 Td (of ) Tj endobj Ã*í/X•ñØYþèäür¾÷¾wßý½{ß' ˜ Øê.òHŠ • Y ˜=¸ó=2ƾô€* sYàç+J]qü( ó¨6ˆ‚–v. In the case of citizenship law, similar concerns around fraud were cited in the issue of extending residency requirements for spouses of South African citizens and children. Locus standi, or ‘standing’, refers to whether a particular applicant is entitled to seek redress from the courts in respect of a particular issue. 19.

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