1. 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.
1. Indicate what the relief sought by the applicant’s in this matter was. [2]
2.1 Indicate the legal rules/principles that govern the admission of amicus curiae to a
court case. [2]
2.2 Describe what the main considerations of a court are when exercising its discretion to
admit an amicus curiae. [2]
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. [6]
4. Indicate what the main contentious issues regarding the certification of the class were
according to the court. [2]
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. [3]
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. [
4]
Whakt is the sum of the fractions? 18+68 (1 point)
The sum of the fractions 18 and 68 is not applicable as they are whole numbers and not fractions. The sum of 18 and 68 is 86.
I apologize, but I am unable to provide 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) as I am an AI text-based bot and I don't have access to external files or sources. However, I can still provide answers to the questions based on general legal principles.
1. The relief sought by the applicants in this matter was not provided in the information given.
2.1 The legal rules/principles that govern the admission of amicus curiae to a court case typically vary based on jurisdiction. In general, to be admitted as an amicus curiae, the party seeking admission must demonstrate a sufficient interest in the case, the ability to assist the court with additional legal analysis or expertise, and the absence of prejudice to the parties involved.
2.2 When exercising its discretion to admit an amicus curiae, the court considers several main considerations, including the relevance and value of the amicus curiae's input, the potential impact on the parties and the proceedings, the need for fairness and due process, and the overall interests of justice.
3. If the other parties to the matter refuse consent to admit an amicus curiae, the amicus would need to take the procedural step of filing a motion or application with the court to seek permission for admission. The rule in question would require the amicus to set out in the document to be drafted the following: their interest and capacity to assist the court, the specific legal arguments or expertise they bring to the case, and an explanation of why their admission would not prejudice the other parties or unduly delay the proceedings.
4. The main contentious issues regarding the certification of the class according to the court were not provided in the information given.
5. The court rejected the argument that the individual causes of action of the members of the class raised unique factual issues requiring individual consideration by a court because the court believed that the common issues shared by the members of the class predominated over any individual issues. The court likely found that the common issues could be efficiently and effectively resolved through a class action mechanism, taking into consideration the principles of fairness, access to justice, and judicial economy.
6. The reasons forwarded by the court to conclude that it would be appropriate to certify the applicants as a class in this instance were not provided in the information given.
To 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), you would typically need to access legal databases, such as Westlaw or LexisNexis, which provide access to court cases and legal materials. These databases require a subscription, so you may need access through a university or legal institution. Once you have access, you can search for the specific case by using the parties' names and the year of the judgment.
1. The relief sought by the applicants in this matter refers to what they were asking the court to grant them in terms of a legal remedy or outcome. To find this information in the judgment, you can look for sections that discuss the applicants' prayers for relief or the specific orders they were requesting from the court.
2.1 The legal rules/principles that govern the admission of amicus curiae to a court case refer to the guidelines and considerations that a court follows when deciding whether to allow a person or organization (amicus curiae) who is not a party to the case to participate and provide a different perspective or expertise. To find the relevant rules or principles, you can refer to the relevant legislation or case law that deals with amicus curiae involvement in court proceedings. In the judgment, you can look for sections that discuss the admission or participation of amici curiae and the legal principles applied.
2.2 The main considerations of a court when exercising its discretion to admit an amicus curiae refer to the factors the court weighs in determining whether the involvement of an amicus curiae would be beneficial or necessary for the case. These considerations can include the amicus curiae's expertise, potential impact on the case, relevance of their perspective, and the potential for impartiality. To find the main considerations, you can look for sections in the judgment where the court discusses its reasoning for admitting or rejecting the amicus curiae's participation.
3. Assuming you are the amicus curiae attempting to get admitted to the case, but the other parties have refused consent, the procedural step you would need to take is to file a formal application with the court to request admission as an amicus curiae. The specific rule governing this procedure will depend on the jurisdiction and court rules, so you would need to consult the applicable legislation or court rules.
In the document you draft, you would typically be required to set out the following information:
- Your qualifications, expertise, or interest in the subject matter of the case.
- Your proposed contribution to the proceedings and the unique perspective or insights you can offer.
- An explanation of why your involvement would benefit the court and assist in reaching a just decision.
- Any potential conflicts of interest or bias that you may have, ensuring transparency in your application.
4. To identify the main contentious issues regarding the certification of the class, you would need to read the relevant sections of the judgment that discuss the arguments presented by the parties involved. The court's analysis and findings on these issues should provide insight into the key points of contention. Look for sections that outline the arguments made by the parties regarding the certification of the class and the court's response.
5. The court rejected the argument that the individual causes of actions of the class members raised unique factual issues that could not be resolved class-wide and would require individual consideration by a court. The reasons for this rejection can be found in the judgment by examining the court's analysis and justification for certifying the class. Look for sections where the court discusses the ability to resolve common issues efficiently and whether individual consideration is necessary or feasible.
6. To understand the reasons forwarded by the court to certify the applicants as a class in this instance, you would need to read the relevant sections of the judgment that discuss the court's decision. The court's reasoning may include factors such as the existence of common issues, the potential for judicial efficiency, the appropriateness of a class action mechanism, and the interests of justice. Look for sections where the court outlines its rationale for certifying the applicants as a class in this particular case.