LEG2601 Assignment 1
Semester 2 2024 - DUE
6 September 2024
[Company address]
, LEG2601 Assignment 1 Semester 2 2024 - DUE 6 September 2024
Examine the differences between the right to access courts (Locus Standi) as outlined
in section 38 of the Constitution and section 32 of the National Environmental
Management Act. In your response, explore the importance of broadening legal
standing in environmental issues. (SOUTH AFRICA)
Differences Between the Right to Access Courts (Locus Standi) in Section 38 of
the Constitution and Section 32 of the National Environmental Management Act
Section 38 of the Constitution
Section 38 of the Constitution of South Africa provides a broad basis for locus standi,
enabling a wide range of individuals and entities to approach a court for relief. It states:
"Anyone listed in this section has the right to approach a competent court, alleging that
a right in the Bill of Rights has been infringed or threatened, and the court may grant
appropriate relief, including a declaration of rights. The persons who may approach a
court are: a) anyone acting in their own interest; b) anyone acting on behalf of another
person who cannot act in their own name; c) anyone acting as a member of, or in the
interest of, a group or class of persons; d) anyone acting in the public interest; and e) an
association acting in the interest of its members."
Section 32 of the National Environmental Management Act (NEMA)
Section 32 of the National Environmental Management Act (NEMA) specifically
addresses locus standi in the context of environmental matters. It is designed to enable
Semester 2 2024 - DUE
6 September 2024
[Company address]
, LEG2601 Assignment 1 Semester 2 2024 - DUE 6 September 2024
Examine the differences between the right to access courts (Locus Standi) as outlined
in section 38 of the Constitution and section 32 of the National Environmental
Management Act. In your response, explore the importance of broadening legal
standing in environmental issues. (SOUTH AFRICA)
Differences Between the Right to Access Courts (Locus Standi) in Section 38 of
the Constitution and Section 32 of the National Environmental Management Act
Section 38 of the Constitution
Section 38 of the Constitution of South Africa provides a broad basis for locus standi,
enabling a wide range of individuals and entities to approach a court for relief. It states:
"Anyone listed in this section has the right to approach a competent court, alleging that
a right in the Bill of Rights has been infringed or threatened, and the court may grant
appropriate relief, including a declaration of rights. The persons who may approach a
court are: a) anyone acting in their own interest; b) anyone acting on behalf of another
person who cannot act in their own name; c) anyone acting as a member of, or in the
interest of, a group or class of persons; d) anyone acting in the public interest; and e) an
association acting in the interest of its members."
Section 32 of the National Environmental Management Act (NEMA)
Section 32 of the National Environmental Management Act (NEMA) specifically
addresses locus standi in the context of environmental matters. It is designed to enable
