, LEG2601 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 - DUE 6 September 2024 ; 100% TRUSTED Complete,
trusted solutions and explanations.
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.
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, provides for the enforcement of rights, stipulating who has
the standing (locus standi) to approach a court. It states:
1. Anyone listed below 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:
o (a) Anyone acting in their own interest.
o (b) Anyone acting on behalf of another person who
cannot act in their own name.
o (c) Anyone acting as a member of, or in the interest of,
a group or class of persons.
o (d) Anyone acting in the public interest.