This covers any legal or natural persons. Locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case. The term locus standi denotes legal capacity to institute proceedings. Can Father of Illegitimate Child Obtain Custody when Mother is Abroad? ( Log Out /  Can the Father Compel An Illegitimate Child To Use His Surname? ( Log Out /  The word locus (plural loci) is Latin for "place". What is the reason behind the visitorial right of an illegitimate father over his children? Basically the principle of locus standi is introduced by Anglo-Saxon system of Jurisprudence. In a final paragraph, the SCA felt obliged to mention that leave to appeal should not have been granted in the matter. It is always worth analysing the basics before rushing into court. [13] Specifically, it is “a party’s personal and substantial interest in a case where he has sustained or will sustain direct injury as a result” [14] of the act being challenged, and “calls for more than just a generalized grievance.”. MSs have locus standi because of the hybrid nature of the EU - intergovernmental as well as federal. Certiorari under Rule 45 and 65 Distinguished. Along parallel lines, the motion for intervention should be given due course since movants-intervenors have shown their substantial legal interest in the outcome of this case, even much more than petitioners themselves, and because of the novelty, gravity, and weight of the issues involved. Change ), You are commenting using your Google account. Who is liable? ( Log Out /  Two criteria were applied to determine standing, namely whether the litigant had the necessary capacity to sue, and also had a legally recognised interest in the matter at issue.13 The SCA went even further and warned that “when a judge intervenes in a case and has recourse to issues falling outside the pleadings which are necessary for the decision of the case and departs from the rule of party presentation, there is a risk that such intervention could create an apprehension for bias.”. Leave should only be granted when there is a “sound, rational basis for the conclusion that there are prospects for success on appeal.” In light of the failure to prove locus standi, there was no reasonable prospect of an appeal to succeed. The appellant sued the executrix of Mr Rattan’s estate for breach of contract and claimed the cost of the repairs to the vehicle (which was riddled with bullet holes and had to be retrieved from the police). In Four Wheel Drive Accessory Distributors CC v Leshni Rattan NO 2018 JDR 2203 (SCA), the Supreme Court of Appeal (SCA) scrutinised the locus standi of the appellant, the powers of the court a quo to venture outside of the issues raised on the papers, as well as whether leave to appeal should have been granted at all. Requirement for a party to have “locus standi”. Undeniably, the motion for intervention and the motion for reconsideration of the May 12, 2010 Resolution of movants-intervenors is akin to the right to appeal the judgment of a case, which, though merely a statutory right that must comply with the requirements of the rules, is an essential part of our judicial system, such that courts should proceed with caution not to deprive a party of the right to question the judgment and its effects, and ensure that every party-litigant, including those who would be directly affected, would have the amplest opportunity for the proper and just disposition of their cause, freed from the constraints of technicalities.[22]. Non-Privileged Applicants. The rule is that children older than 7 years old are allowed to state his preference. Copyright © 2021 Cliffe Dekker Hofmeyr. Default judgment in the Tax Court – can the lockdown justify SARS’ delay? The evidence led before the court a quo did not establish a sufficient or adequate interest in the vehicle entitling the appellant to claim damages from Mr Rattan’s estate. Does the law allow a waiver of parental authority? For a party to have locus standi, one must allege “such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.”  Because constitutional cases are often public actions in which the relief sought is likely to affect other persons, a preliminary question frequently arises as to this interest in the constitutional question raised.[19]. The “moot and academic” principle is not a magical formula that can automatically dissuade the courts from resolving a case. And does not constitute legal advice allow a waiver of parental authority Log in: You commenting. 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