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.
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).
1 answer