RRLLB81
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
Re-evaluation of the broad principle of the right of accused to be represented
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
Re-evaluation of the broad principle of the right of accused to be represented
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
ABSTRACT
, For additional support +27 81 278 3372
This research re-evaluates the principle of the right of the accused to be
represented, particularly in relation to the common-law notion of actio popularis.
Rooted in Roman law, actio popularis enabled any member of the public to litigate in
the interest of the community, regardless of personal involvement. While modern
criminal justice primarily recognises locus standi, the principle of actio popularis
resurfaces in contexts where access to justice and public interest litigation intersect.
South African jurisprudence demonstrates tensions between restrictive common-law
standing and broader constitutional developments that encourage public interest
enforcement. By analysing leading cases such as Children’s Resource Centre Trust
v Pioneer Food (Pty) Ltd and Dalrymple v Colonial Treasurer, alongside statutory
provisions in the Criminal Procedure Act 51 of 1977 and constitutional guarantees,
this paper argues that actio popularis retains a limited yet meaningful role in
advancing accountability and safeguarding community interests in criminal justice.
KEYWORDS
Actio popularis
Locus standi
Criminal justice
Public interest litigation
Constitutional rights
LIST OF ABBREVIATIONS AND ACRONYMS
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
Re-evaluation of the broad principle of the right of accused to be represented
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
Re-evaluation of the broad principle of the right of accused to be represented
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
ABSTRACT
, For additional support +27 81 278 3372
This research re-evaluates the principle of the right of the accused to be
represented, particularly in relation to the common-law notion of actio popularis.
Rooted in Roman law, actio popularis enabled any member of the public to litigate in
the interest of the community, regardless of personal involvement. While modern
criminal justice primarily recognises locus standi, the principle of actio popularis
resurfaces in contexts where access to justice and public interest litigation intersect.
South African jurisprudence demonstrates tensions between restrictive common-law
standing and broader constitutional developments that encourage public interest
enforcement. By analysing leading cases such as Children’s Resource Centre Trust
v Pioneer Food (Pty) Ltd and Dalrymple v Colonial Treasurer, alongside statutory
provisions in the Criminal Procedure Act 51 of 1977 and constitutional guarantees,
this paper argues that actio popularis retains a limited yet meaningful role in
advancing accountability and safeguarding community interests in criminal justice.
KEYWORDS
Actio popularis
Locus standi
Criminal justice
Public interest litigation
Constitutional rights
LIST OF ABBREVIATIONS AND ACRONYMS
