WHAT IS LOCUS STANDI?
By Oritonda Rambuda
Locus Standi can be defined as when the person has the right to sue or to be sued with regards to a particular matter [See Pete, S et al Civil Procedure A Practical Guide 3rd Edition (Oxford University Press Southern Africa (Pty) Ltd 2017) 72].
There are two tests to determine the locus standi of a party:
- Whether or not the party concerned has a direct and substantial interest in the matter;
- The party must have substantial interest in the matter and the outcome thereof.
- Section 38 of the Constitution outlines as to when will one said to have locus standi:
- a) anyone acting in their own interest;
(b) anyone acting on behalf of another person who cannot act in their own name;
(c) anyone acting as a member of, or in the interest of, a group or a class of persons;
(d) anyone acting in the public interest; and
(e) an association acting in the interest of its members
> We will not go into details of each of the sub sections above.
- Whether or not that party has legal capacity to litigate in the matter.
- Both natural and juristic (companies) persons have capacity to sue and be sued, however, minor children and mentally ill persons do not have capacity to litigate on their own capacity.
- There are some instances wherein a child may litigate unassisted by his guardian or a curator ad litem:
- When applying for the appointment of a curator ad litem;
- If the court grants him permission to sue unassisted;
- When applying for permission to marry without a parent’s or guardian’s consent; and
- When the proceedings are permitted by statute.
- Section 15 of the Children’s Act 38 of 2005 extends locus standi in certain matters, relating to children.
In the event that you seek to approach courts but, are not certain as to whether or not you have locus standi, kindly contact our offices for assistance.
