2.1 Indicate the legal rules/principles that govern the admission of amicus curiae to a
court case using the ase of Stellenbosch University Law Clinic and Others v
Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC).
In the case of Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others, the legal rules/principles that govern the admission of amicus curiae to a court case can be identified as follows:
1. Common law discretion: The court has the inherent jurisdiction to allow or refuse the admission of amicus curiae based on the common law discretion. This means that the court has the authority to decide whether the participation of an amicus curiae would be beneficial to the case.
2. Rule 16A of the Uniform Rules of Court: Rule 16A provides the procedural framework for the admission of amicus curiae in South Africa. It sets out the requirements and procedure that must be followed by an amicus curiae seeking to intervene in a court case.
3. Leave of court: An amicus curiae must seek the leave (permission) of the court to participate in the case. This requirement ensures that the court has control over who can be admitted as an amicus curiae and avoids the potential abuse of this intervention mechanism.
4. Disinterested and impartial assistance: The role of an amicus curiae is to provide disinterested and impartial assistance to the court. They should act independently and provide the court with relevant legal arguments or information that may assist in resolving the issues in the case.
5. Relevance and expertise: The participation of an amicus curiae should be relevant to the issues before the court and bring expertise or special knowledge that can enhance the court's understanding of the case.
6. Non-participation in adversarial process: An amicus curiae is not a party to the case and should not participate in the adversarial process between the parties. Their role is limited to providing assistance and presenting legal arguments or information to the court.
It is important to note that these legal rules/principles may vary in different jurisdictions. Therefore, it is necessary to consider the specific jurisdiction's laws and rules governing the admission of amicus curiae in a court case.
In the case of Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC), the admission of amicus curiae was governed by the legal rules/principles. Here are the steps involved in the admission of amicus curiae:
1. Motion for Leave: The party seeking to intervene as amicus curiae (in this case, the Stellenbosch University Law Clinic and Others) would first need to file a motion for leave with the court. This motion requests permission from the court to intervene in the case as amicus curiae.
2. Standing: The party seeking to intervene must establish that they have sufficient interest or standing in the case and that their participation would be beneficial to the court's determination of the issues involved. They must demonstrate that they possess relevant expertise or knowledge on the legal issues at hand.
3. Notice to the Parties: Once the motion is filed, the party seeking to intervene must provide notice to all parties involved in the case. This gives an opportunity for the other parties to present their arguments on whether the intervention should be allowed.
4. Response from Parties: The other parties to the case (in this case, Lifestyle Direct Group International (Pty) Ltd and Others) have the right to respond to the motion for leave. They can present arguments in support of or against the intervention.
5. Court's Decision: The court will consider the motion for leave, the arguments presented by the parties, and the relevant legal principles. The court will then decide whether to grant or deny the motion for leave.
6. Factors Considered: In making its decision, the court may consider various factors, such as the relevance and potential value of the proposed amicus curiae's submission, the potential prejudice caused to the parties, the stage of the proceedings, and the interests of justice.
7. Role of Amicus Curiae: If the court grants the motion for leave, the amicus curiae is allowed to intervene in the case. Their role is to provide the court with additional legal arguments, analysis, or information that may assist in reaching a just decision. The amicus curiae does not become a party to the case but is seen as a friend of the court.
It is essential to note that these steps may vary depending on the jurisdiction and the specific rules of the court. The above explanation is a general overview of the process involved in the admission of amicus curiae, but you should always refer to the specific rules and principles applicable in your jurisdiction.