, 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.
To 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
(NEMA), it is crucial to understand the legal principles
underlying these provisions and the implications for legal
standing in environmental issues.
Section 38 of the Constitution
Section 38 of the South African Constitution provides for the
enforcement of rights. It states:
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, including a declaration of rights. The persons
who may approach a court are:
• Anyone acting in their own interest;