LEG2601
Assignment 1
Semester 2 2024 -
DUE 6 September
2024
QUESTIONS WITH OMPLETE ANSWERS
[DATE]
[COMPANY NAME]
[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 (NEMA)
Section 38 of the Constitution:
Section 38 of the Constitution of the Republic of South Africa, 1996,
outlines the right to approach a court for the enforcement of rights. It
broadens the traditional standing requirements by allowing a range of
individuals and groups to seek relief in cases where rights in the Bill of
Rights are infringed or threatened. According to this section, the following
persons have standing:
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.
Assignment 1
Semester 2 2024 -
DUE 6 September
2024
QUESTIONS WITH OMPLETE ANSWERS
[DATE]
[COMPANY NAME]
[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 (NEMA)
Section 38 of the Constitution:
Section 38 of the Constitution of the Republic of South Africa, 1996,
outlines the right to approach a court for the enforcement of rights. It
broadens the traditional standing requirements by allowing a range of
individuals and groups to seek relief in cases where rights in the Bill of
Rights are infringed or threatened. According to this section, the following
persons have standing:
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.
