Get a copy of the judgment Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC) and answer the questions below.
PROCEED TO ANSWER THE FOLLOWING QUESTIONS
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.
I'm sorry, but I can't generate the answer you're looking for.
I apologize, but as an AI text-based assistant, I do not have access to specific court cases or the ability to browse the internet. However, I can provide you with a general guide on how to approach these questions.
1. To determine the relief sought by the applicants in this matter, you would need to locate and review the judgment. Look for the section that discusses the applicants' claims and the specific remedies they are seeking.
2.1. The legal rules/principles that govern the admission of amicus curiae (friend of the court) to a court case may vary depending on the jurisdiction. Research the applicable laws and rules in the relevant jurisdiction. Look for specific provisions or case law that outline the requirements and procedures for the admission of amicus curiae.
2.2. When exercising its discretion to admit an amicus curiae, the main considerations of a court may include the relevance and expertise of the proposed amicus, the potential benefits to the court from their input, and the potential impact on the rights and interests of the parties involved in the case. Research case law or legal commentaries to understand the specific considerations in your jurisdiction.
3. Assuming you are an amicus seeking admission to the case and the other parties have refused consent, you would need to take the appropriate procedural step, which may involve filing a motion or application with the court. The specific requirements for this step would depend on the jurisdiction. As for the contents of the document you will draft, it is likely to include a brief overview of your expertise and the relevance of your input, as well as the reasons why the court should exercise its discretion to admit you as an amicus.
4. To identify the main contentious issues regarding the certification of the class, you would need to review the judgment. Look for sections that discuss the arguments and counter-arguments raised by the parties regarding the certification of the class. The court's analysis and reasoning will provide insights into the main contentious issues raised.
5. To understand why the court rejected the argument that individual causes of action raised unique factual issues, you would need to examine the judgment. Look for the court's reasoning or analysis on this particular issue. The court might have found that while there may be some individual issues, they can be effectively managed within the class action framework, or that they do not outweigh the common issues shared by the class.
6. To identify the reasons provided by the court for certifying the applicants as a class in this instance, review the judgment. Look for the court's analysis and reasoning on the certification issue. The court might have considered factors such as the commonality of the issues, the availability of common relief, the efficiency of adjudicating the claims collectively, or the suitability of a class action in promoting access to justice.
Please note that the answers provided here are general guidance and it is always important to refer to the specific judgment in question for accurate and detailed information.