f 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.
1. Indicate what the relief sought by the applicant’s in this matter was.
In the judgment Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC), the relief sought by the applicants was to have the court declare that certain sections of the National Credit Act (NCA) were unconstitutional and invalid. They also sought an order suspending the operation of these sections until a determination was made by the Constitutional Court.
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.
Indicate the legal rules/principles that govern the admission of amicus curiae to a
court case
The legal rules and principles that govern the admission of amicus curiae to a court case vary depending on the jurisdiction, but there are some general principles that are commonly applied.
1. Permission of the court: The admission of an amicus curiae is at the discretion of the court. The court may grant or deny the application for amicus status based on various factors such as the relevance and usefulness of the proposed amicus argument to the case.
2. Impartiality and neutrality: An amicus curiae is expected to present an impartial and neutral perspective to assist the court. They should not advocate for any specific party's interest but provide objective and independent views on the legal issues involved.
3. Limited participation: The role of an amicus curiae is usually limited to providing the court with additional legal arguments, information, or expertise. They are not parties to the case and do not have the full rights of the parties, such as the right to cross-examine witnesses or present evidence.
4. Timely application: Generally, an application for leave to appear as an amicus curiae must be made in a timely manner. It should be filed before the hearing or at an early stage of the proceedings to allow all parties to respond to the proposed intervention.
5. Relevance and expertise: The proposed amicus must demonstrate to the court that they have a genuine interest in the proceedings and possess relevant expertise or knowledge that would assist the court in deciding the case. The court will assess the uniqueness and potential value of the amicus contributions.
6. Balance and fairness: The court will consider whether the admission of an amicus curiae would help maintain a fair and balanced process. If the court believes that the existing parties' arguments are insufficient or one-sided, the participation of an amicus curiae may be deemed necessary for a fair determination of the matter.
It is important to note that the specific rules and principles governing the admission of amicus curiae may differ in different jurisdictions and courts. Therefore, the applicable rules and principles should be determined by referring to the specific laws and procedures of the relevant jurisdiction.
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
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
The relief sought by the applicants in the case of Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC) was not explicitly stated in the given information. To accurately determine the relief sought by the applicants, it would be necessary to read the judgment or the relevant court documents.
To determine what relief was sought by the applicants in the judgment Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC), you would need to refer to the actual judgment document. Here's a step-by-step guide on how to access and read the judgment:
1. Identify the citation: In this case, the citation is "2022 (2) SA 237 (WCC)". This indicates that the judgment was published in volume 2 of the South African Law Reports (SA) for 2022, on page 237. The letters "WCC" represent the court in which the judgment was delivered, which in this case is the Western Cape High Court.
2. Access the judgment: Retrieve a copy of the judgment through legal databases or online libraries. Some common sources for legal judgments in South Africa include Juta Law, LexisNexis, and Saflii.
3. Read the judgment: Once you have accessed the judgment, read through it carefully. Start by reviewing the introductory sections, which typically outline the parties involved, the legal context, and the relief sought. Then, proceed to the main body of the judgment, where the court's analysis and decision will be presented.
4. Find the relevant section: Look for the section in the judgment where the relief sought by the applicants is discussed. It may be explicitly stated or implied through the court's reasoning. This section could be in the introductory paragraphs or later in the judgment where the court discusses the specific issues raised by the applicants.
By following these steps, you should be able to identify what relief the applicants sought in the Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC) judgment.