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

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

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

- The court's discretion: The admission of an amicus curiae is at the court's discretion.
- Relevance and expertise: The proposed amicus must demonstrate a unique perspective or expertise that would contribute to the court's understanding of the case.
- Impartiality and neutrality: The amicus must not have a direct interest in the outcome of the case and must provide an objective analysis.
- Time and efficiency: The admission of an amicus should not unduly delay or burden the proceedings.

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

- Relevance: The amicus must provide relevant information or arguments that are not presented by the parties involved in the case.
- Unique perspective: The amicus should offer a unique perspective or expertise that enhances the court's understanding of the issues at hand.
- Impartiality: The amicus must demonstrate neutrality and objectivity, ensuring that their contribution is unbiased and in the interest of justice.
- Timeliness: The request to admit an amicus should be made in a timely manner that does not unduly delay the proceedings or prejudice the parties involved.

3. If the other parties refuse consent to admit the amicus, the procedural step that the amicus would need to take is to file a formal application with the court requesting admission as an amicus curiae. The document drafted should set out the following:

- The amicus's relevant expertise or unique perspective that would contribute to the understanding of the case.
- The specific arguments or information that the amicus intends to present to the court.
- A statement affirming the amicus's impartiality and lack of direct interest in the outcome of the case.
- The reasons why admitting the amicus would benefit the court's decision-making process.

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

- Whether the common issues raised by the class members predominated over the individual issues.
- Whether a class action would be a fair, efficient, and manageable way to resolve the claims.
- The suitability of the proposed class representative and the adequacy of the proposed notice to class members.

5. The court rejected the argument that the individual causes of action raised unique factual issues that could not be resolved class-wide because:

- The court found that while there may be some variations among the individual claims, there were significant common issues that predominated and could be resolved class-wide.
- The court noted that individual variations within a class action are inherent but should not preclude certification if common issues can be effectively addressed.
- The court determined that the individual issues could be managed through subclasses or other mechanisms to ensure a fair and efficient resolution.

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

- The court found that there were significant common issues, such as the alleged misrepresentation by the respondents, that could be resolved class-wide.
- The court determined that a class action would be a fair, efficient, and manageable way to adjudicate the claims, as it would avoid duplicative proceedings and potentially inconsistent outcomes.
- The court considered the suitability of the proposed class representative and found them to be adequately representative of the class members' interests.
- The court was satisfied with the proposed notice to class members, ensuring that they would have an opportunity to opt out or participate in the class action.