LEG2601
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 6 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1 (ANSWER)
The concept of legal standing (Locus Standi) determines who is entitled to bring a lawsuit to court.
Both section 38 of the Constitution and section 32 of the National Environmental Management Act
(NEMA) in South Africa address the right to access courts, albeit with different scopes and focuses.
Section 38 of the Constitution
Section 38 of the South African Constitution provides a broad basis for legal standing. It allows a
wide range of individuals and groups to approach the court for relief when any of their rights under
the Bill of Rights are infringed or threatened. Specifically, it states that 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. The list includes:
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.
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 6 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1 (ANSWER)
The concept of legal standing (Locus Standi) determines who is entitled to bring a lawsuit to court.
Both section 38 of the Constitution and section 32 of the National Environmental Management Act
(NEMA) in South Africa address the right to access courts, albeit with different scopes and focuses.
Section 38 of the Constitution
Section 38 of the South African Constitution provides a broad basis for legal standing. It allows a
wide range of individuals and groups to approach the court for relief when any of their rights under
the Bill of Rights are infringed or threatened. Specifically, it states that 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. The list includes:
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.
