LEG2601 Assignment
1 (COMPLETE
ANSWERS) Semester 2
2024 - DUE 6
September 2024 ;
100% TRUSTED
Complete, trusted
solutions and
explanations.
ADMIN
[COMPANY NAME]
, 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 Locus Standi Under Section 38 of the
Constitution and Section 32 of NEMA
Section 38 of the Constitution:
Section 38 of the Constitution of South Africa outlines who has
the right to approach a court for relief in the event that a right in
the Bill of Rights is infringed or threatened. This section
broadens traditional standing rules, allowing the following
categories of persons to approach the courts:
• Anyone acting in their own interest;
• Anyone acting on behalf of another person who cannot
act in their own name;
• Anyone acting as a member of, or in the interest of, a
group or class of persons;
• Anyone acting in the public interest; and
• An association acting in the interest of its members.