RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - Re-evaluation of the broad principle of the right of accused to be represented

RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... Re-evaluation of the broad principle of the right of accused to be represented An actio popularis is a legal action that any member of the public can petition to the court, and therefore it is not restricted to the victim of the wrongdoing. It can be traced back to the Roman law, where it was largely initiated by public members for the authorities to address public disorder or wrongs affecting the community. The main aim of actio popularis is to address public interest rather than the interest of the individual. Thus, even someone who is not directly affected can approach the court to prosecute a public wrongdoing. This is contrary to the principle of locus standi, where the litigant has to be directly affected by the matter. While less common in modern legal systems, variations of the concept exist, particularly in international law and in cases involving discrimination. Do you think the common law principle of actio popularis has a place in the criminal justice? What role do you suggest the actio popularis can play from the criminal law perspective. Having regard to the underlying rules, provide your understanding of the role of actio popuralis in criminal justice. Cases Children’s Resource Centre Trust v Pioneer Food (Pty) Ltd 2013 (2) SA 213 (SCA) Dalrymple v Colonial Treasurer 1910 TS 372 Books Burchell J, Principles of criminal law (4th edn, Juta 1983) Snyman CR, Criminal law (5th edn, Lexis Nexis 2008) Legislation Criminal Procedure Act 51 of 1977 Constitution of South Africa, 1996 Journal Articles Swanepoel CF, ‘The judicial application of the “interest” requirement for standing in constitutional cases: “A radical and deliberate departure from common law”’ (2014) 47 De Jure 63 Loots C, ‘Locus Standi to Claim Relief in the Public Interest Matters Involving the Enforcement of Legislation’ (1987) 104 SALJ 131