Study Theme 5: Standing, Mootness and Ripeness

Question 1

What does Standing mean

Answer 1

• Who is coming to court
• Section 38 of the Constitution: Alleging a right in the Bill of Rights has been infringed or threatened

Question 2

Four Wheel Drive Accessory Distributors CC V Leshni Rattan NO (SCA)

Answer 2

• Appellant sued Respondent in the Court for R559817,45
• Claim is for cost of repairs to a courtesy vehicle owned by Land Rover South Africa
• Appellant alleges it leased vehicle to Mr Rattan with the condition of returning it in the same condition
• Mr Rattan did not fulfil the obligation
• Mr Rattan was shot & fatally wounded while driving the vehicle, which had bullet holes.
• The SCA held that the Appellant couldn’t prove it had the risk of vehicle damage.
  ~ Appellant lacked the right to sue for damages.
  ~ Appellant also failed to establish that Mr Rattan had officially entered into a lease agreement.

Question 3

A person who approaches the court must demonstrate whether they are:

Answer 3

Acting:
- In their own interest
- On behalf of someone who cannot act on their behalf
- As a member or in the interest of a group or class of persons
- In the public interest
- As an association acting in the interest of its members

Question 4

What is an Amicus Curae

Answer 4

• Friends of the Court
• Not a party to proceedings
• Assists the court in furnishing information or arguments

Question 5

City Council of Pretoria v Walker

Answer 5

Admin decisions must adhere to the principle of reasonableness & procedural fairness.

Question 6

Trustees for the Time Being of the Children’s Rescue Centre Trust v Pioneer Food Requirements

Answer 6

1. Existence of a class identifiable by objective criteria;
2. Cause of action raising a triable issue;
3. Right to relief depends upon determination of issue;
4. Relief sought or damages flows from the cause of action
5. Class action is the appropriate procedure for allocating damages
6. The representative is suitable;
   7.Class action most appropriate means of determining the claims of members…..

Question 7

Anyone acting in public interest (Section 38(d)) requirements

Answer 7

1. General nature;
2. Other reasonable and effective manner? In which challenge can be brought;
3. Degree of vulnerability;
4. Nature of right alleged;
5. Nature of relief requested

Question 8

Justice Alliance of SA v President of the Republic of South Africa

Answer 8

Applicants argued for:
Protecting the Constitution
Upholding the rule of law
Following the principle of legality
Safeguarding the administration of justice
Ensuring the independence of the judiciary
Promoting and protecting human rights
Strengthening constitutional democracy
Advancing social justice

Question 9

Freedom Under law v Acting Chairperson of the JSC

Answer 9

Challenged JSC decision on Judge President Hlophe’s alleged misconduct.

Question 10

Hoffman v SAA

Answer 10

• Par 64 amicus helps the court with information or arguments.
• It’s not a party in the case but thinks the court’s decision could impact its interests.
• It joins the proceedings to assist the court because it has expertise or interest in the matter.

Question 11

What does Ripeness mean

Answer 11

• When are you coming to court
• Ripeness is focussed on the timing of a matter when it is brought to court
• There must be an actual dispute

Is it RIPE enough?
It cannot be hypothetical or abstract

Question 12

What does Mootness mean

Answer 12

• Is there a POINT in bringing the matter to court
• Refers to the redundancy in bringing the matter to court
• If it can be solved without the need of the court to rule, it is MOOT