ANSWER THE FOLLOWING QUESTIONS USING THE CASE OF Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC)

Question

Answer the following using the facts of the case
1. Indicate what the relief sought by the applicant’s in this matter was.

2.1 Indicate the legal rules/principles that govern the admission of amicus curiae to a court case.

2.2 Describe what the main considerations of a court are when exercising its discretion to admit an amicus curiae.

3. With reference to the rule in your answer in 2.1 above assume you are the amicus attempting to get admitted to the case. The other parties to the matter have refused consent to admit you. Indicate the procedural step that you would need to take and describe what the rule requires must be set out in the document you will draft.

4. Indicate what the main contentious issues regarding the certification of the class were according to the court.

5. The respondents in the application argued that the individual causes of actions of the members of the class sought to be certified raised unique factual issues that could not be resolved class-wide and would require individual consideration by a court. Explain why the court rejected this argument.

6. Briefly describe the reasons forwarded by the court to come to the conclusion that it would be appropriate to certify the applicants as a class in this instance.

Answer 1

1. The relief sought by the applicants in this matter was the certification of a class action against the respondents.

2.1 The legal rules/principles that govern the admission of amicus curiae to a court case include:

- The court has discretionary power to admit or refuse an application for amicus curiae status.
- The amicus curiae must have a genuine and legitimate interest in the proceedings.
- The amicus curiae must be able to provide useful and relevant information or arguments that are not already provided by the parties.
- The amicus curiae must present a distinct and different perspective that will assist the court in reaching a fair and just decision.

2.2 The main considerations of a court when exercising its discretion to admit an amicus curiae include:

- Whether the proposed amicus curiae can provide specialized knowledge or expertise that would assist the court.
- Whether the proposed amicus curiae can present a unique viewpoint or argument that the parties have not presented.
- Whether the admission of the amicus curiae would unduly delay or prejudice the proceedings.
- Whether the amicus curiae's intervention would promote fairness and justice in the case.

3. If the other parties refuse consent to admit me as an amicus curiae, I would need to file an application with the court to seek permission for my admission. The document I would draft would need to set out the following:

- A description of my qualifications, expertise, and the unique perspective I can offer.
- An explanation of the relevance and usefulness of my contribution to the court's decision-making process.
- An assurance that my intervention will not unduly delay or prejudice the proceedings.
- An argument demonstrating how my admission as an amicus curiae would promote fairness and justice in the case.

4. The main contentious issues regarding the certification of the class, according to the court, were:

- Whether the claims of the class members raised common issues that could be resolved in a class-wide manner.
- Whether the class members had a reasonable basis for bringing a class action.
- Whether the class action was the superior procedural mechanism for resolving the claims.

5. The court rejected the respondents' argument that the individual causes of action of the class members raised unique factual issues that could not be resolved class-wide. The court found that while there may be some individual variations in the members' claims, there were also significant common issues that could be resolved class-wide. The court held that the existence of individual variances did not preclude the certification of the class.

6. The court provided several reasons to conclude that it would be appropriate to certify the applicants as a class in this instance. These reasons included:

- The existence of common issues that predominated over any individual issues.
- The superior procedural mechanism of a class action in resolving the claims of a large number of individuals.
- The potential for judicial efficiency and conservation of resources if the claims were resolved in a class-wide manner.
- The potential for access to justice for class members who may not have pursued their claims individually due to limited resources or the complexity of the legal issues involved.