STUDY UNIT 8

Question 1

RATIONALE FOR THE STANDING REQUIREMENT:

Answer 1

1. to prevent floodgates in courts.
2. to ensure that there is a genuine dispute and specific issues to deal with before a court devotes its resources to a matter.
3. to ensure that the person who comes to the court is the best placed to litigate the matter
4. to protect the court itself against harm to its position or independence.

Question 2

STANDING REQUIREMENTS IN TERMS OF S39:

Answer 2

1. Anyone acting in their own interest
2. Anyone acting on behalf of another person who cannot act in their own name
3. Anyone acting as a member of or in the interest of a group or class of persons
4. Anyone acting in the public interest.
5. An association acting in the interest of its members

Question 3

1. ANYONE ACTING IN THEIR OWN INTEREST:

Answer 3

• own interest means that you must be directly affected by the administrative decision complained of.
• must show that they have an actual or potential right or interest that is affected by the ultimate administrative decision
• own interest does not mean that other people are not affected by the administrative decision.

Question 4

3. ANYONE ACTING AS MEMBER OF OR IN THR INTEREST OF A GROUP OR CLASS OF PEOPLE:

Answer 4

• class actions are where one or more litigants act on behalf of a larger group of persons.
• evidence needs to be provided for the identifiability of the member of the class

Question 5

QUESTIONS CONSIDERED IN CLASS ACTION:

Answer 5

1. Do they know of the litigation concerned?
2. Do they want to be part of it?
3. Will the interests of the class as a whole be represented in the impeding litigation?

Question 6

4. ANYONE ACTING IN THE PUBLIC INTEREST: FACTORS IN THE NGXUZA CASE:

Answer 6

1. the nature of the relief sought
2. the degree of vulnerability of the people affected
3. the nature of the right said to be infringed
4. the consequences of the infringement of the right.

Question 7

THE PURPOSE OF THE “WITHOUT UNREASONABLE DELAY” IS

Answer 7

1. to prevent possible prejudice to the respondent
2. it is in the public interest to have finality in administrative decisions

Question 8

REMEDIES IN TERMS OF SECTION 8:

Answer 8

1. an order to give reasons
2. an order prohibiting the administrator from acting in a particular manner
3. an order declaring the rights of the parties
4. setting aside the irrelevant administrative action
5. remittal to the administrative decision-maker for a new decision to be taken
6. substitution of the correct decision by the court
7. an award for compensation to the affected parties.