USE the CASE OF Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC) TO answer the questions below.
1.1 Indicate what the relief sought by the applicant’s in this matter was.
2.1 Indicate the legal rules/principles that govern the admission of amicus curiae to a court case.
2.2 Describe what the main considerations of a court are when exercising its discretion to admit an amicus curiae.
3. With reference to the rule in your answer in 2.1 above assume you are the amicus attempting to get admitted to the case. The other parties to the matter have refused consent to admit you. Indicate the procedural step that you would need to take and describe what the rule requires must be set out in the document you will draft.
4. Indicate what the main contentious issues regarding the certification of the class were according to the court.
5. The respondents in the application argued that the individual causes of actions of the members of the class sought to be certified raised unique factual issues that could not be resolved class-wide and would require individual consideration by a court. Explain why the court rejected this argument.
6. Briefly describe the reasons forwarded by the court to come to the conclusion that it would be appropriate to certify the applicants as a class in this instance.
1.1 The relief sought by the applicants in this matter was the certification of a class action against the respondents, seeking an interdict to prohibit the respondents from marketing and selling certain cosmetic products containing harmful ingredients, as well as damages for the harm caused to the class members.
2.1 The legal rules/principles that govern the admission of amicus curiae to a court case include:
- The court's inherent jurisdiction to allow the introduction of an amicus curiae.
- The rules of court which may provide for the admission of amicus curiae.
- The Legal Practice Act, which sets out the requirements and qualifications for an amicus curiae.
- The duty of the court to ensure fairness and justice in the proceedings.
2.2 The main considerations of a court when exercising its discretion to admit an amicus curiae include:
- The relevance and expertise of the amicus curiae's submissions to the issues in the case.
- The potential benefit or value the amicus curiae's submissions can bring to the court.
- The potential prejudice or delay that admitting the amicus curiae may cause to the parties or the proceedings.
- The need to maintain the fairness and integrity of the proceedings.
3. If the other parties refuse consent to admit the amicus curiae, the procedural step that would need to be taken is to file an application with the court requesting permission to be admitted as an amicus curiae. The document drafted for this purpose should set out the basis for the requested admission, explaining how the amicus curiae's expertise, perspective, or unique information would assist the court in deciding the case.
4. According to the court, the main contentious issues regarding the certification of the class were:
- Whether the applicants had met the requirements for the certification of a class action as stipulated in the relevant legislation.
- Whether the harm suffered by the individual class members was sufficiently similar to justify certification.
- Whether there was a reasonable possibility that common issues of fact or law existed among the class members.
- Whether a class action was the preferable procedure for resolving the dispute.
5. The court rejected the argument that the individual causes of actions of the class members raised unique factual issues requiring individual consideration by a court. The court found that the common harm suffered by the class members, as alleged in the application, outweighed any potential individual factual differences. The court also considered that individual considerations could be addressed during the damages phase of the class action, if certification was granted.
6. The reasons forwarded by the court to come to the conclusion that it would be appropriate to certify the applicants as a class in this instance included:
- The commonality of the issues raised, which centered around the respondents' marketing and sale of specific cosmetic products containing harmful ingredients.
- The potential benefits of a class action, including the efficient resolution of similar claims and the possibility of achieving a comprehensive remedy for the class members.
- The difficulties individual class members would face if required to litigate their claims individually, considering the potential disparity in resources and the limited individual damages involved.
- The fairness and effectiveness of a class action in addressing the alleged harm caused by the respondents' products.
1.1 The relief sought by the applicants in this matter was the certification of a class action against the respondents, seeking an interdict to prohibit the marketing, manufacture, distribution, and sale of certain products claimed to be defective and hazardous. The applicants also sought a declaration that the respondents were liable for damages suffered by the members of the class.
2.1 The legal rules/principles that govern the admission of amicus curiae to a court case include common law and procedural rules, as well as principles derived from the Constitution. These rules provide for the discretionary power of the court to admit amici curiae, who are individuals or organizations not directly involved in the proceedings but who have a legitimate interest or expertise that can assist the court.
2.2 When exercising its discretion to admit an amicus curiae, the main considerations of a court include the relevance and expertise of the proposed amicus, the potential contribution they can make to the case, the potential prejudice to the parties, and the overall fairness of the proceedings. The court will also consider whether the amicus curiae will be impartial and provide a balanced perspective.
3. If the other parties to the matter have refused consent to admit an amicus curiae, the procedural step that the amicus would need to take is to make an application to the court seeking permission to be admitted. The rule requires the amicus to draft an application, known as a notice of motion, where they must set out their interest or expertise in the matter, the specific assistance they can provide to the court, and the reasons why their admission is in the interests of justice.
4. The main contentious issues regarding the certification of the class, according to the court, were whether the common issues predominated over the individual issues, whether a class action was the most appropriate method to resolve the dispute, and whether the requirements for certification under the applicable legislation had been met.
5. The court rejected the argument that the individual causes of action raised unique factual issues requiring individual consideration by a court. The court found that although there may be some variations in the factual circumstances of each class member, the central issue of product defect and potential harm was common to the entire class. The court also highlighted the efficiency and fairness of resolving the common issues in a class action, as opposed to multiple individual actions.
6. The court provided several reasons to support its conclusion that it would be appropriate to certify the applicants as a class in this instance. These reasons included the commonality of the issues, the potential prejudice to the class members if the matter was not certified as a class action, the difficulties that individual class members would face in pursuing separate actions, the need for access to justice and a procedural mechanism for collective action, and the existence of adequate representative parties to protect the interests of the class. The court also took into account the public interest in addressing issues related to product safety and consumer protection.