Locus standi in environmental litigation : a South African perspective.
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Date
1997
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Abstract
Environmentalists citizens groups, legal practitioners
academics and the ordinary citizens in South Africa today are
over-excited with the prospects of the environmental rights
litigation under the final Constitution of the Republic of South
Africa Act 108 of 1996 signed by the State President in Cape
Town on the 18th December 1996. For the first time in the history
of South Africa environmental rights have been lifted to the
status of fundamental constitutional and human rights. From an
environmental perspective the upliftment of environmental rights
to the level of constitutional protection is a great achievement
that will benefit all South Africans. This dissertation throws
some light on the concept of locus standi and public interest
litigation as they have developed In the New South African
Constitution followed by an exposition of the common law rules
of legal standing. The focus of attention will then turn to the
extent to which the Interim Constitution of the Republic of South
Africa Act 200 of 1993 and the final Constitution of the Republic
of South Africa Act 1996 extend or broaden the scope of
standing followed by a brief survey of legal standing of
environmental associations in various countries. Finally the
document will conclude with a brief commentary on the law of
standing in South Africa and possible suggestions for reform.
Description
Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1997.
Keywords
Locus standi--South Africa., Environmental law--South Africa., Theses--Law.