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A: Procedural Stage - 3: Justiciability - Cases - Coggle Diagram
A: Procedural Stage - 3: Justiciability - Cases
Lawyers for human rights v Minister of home affairs
Chapter A1
Ngxuza v permanent secretary, department of welfare, Eastern Cape
The class action claim was that the claimants litigate on behalf of themselves and other similar claimants. All parties to the class action are bound to the outcome unless they explicitly opt out
The CC's finding was that the EC implemented measures to disrupt ghost pay outs which harmed a large portion of its citizens rather than rooting out individual issues which arose as a result of the government's maladministration
Publication order - applicants had to advertise the class action
Why was this a good case for a class action
There was a large desperate group of claimants
They were poor and vulnerable
These were small monetary claims
Order in the court a quo on standing:
Order by HC that LRC must provide details of the members of this class and a disclosure order
To make persons in this class aware of these legal proceedings by means of a publication order
Permitted applicants to act on behalf of any person in the EC whose grants had been cancelled or suspended between specified dates (class definition)
Factors to determine if a class for a class action is adequately defined
Class is so numerous that joinder for all members in the class is impractical
There are questions of law and fact common to the class
Claims of the applicants represent the claims of the rest of the class
The applicants through their action will protect the interests of the class
Relief sought - reinstate disability relief grants under the social assistance Act which was terminated without notice
In this case a class was defined as anyone who's grant has been suspended by the EC government
The main issue was access of the poor to the law and justice
Disclosure order - the three applicants did not know who's grants were suspended but the EC government did so they had to provide the applicant with members of the grants
Four applicants brought applications against the government. First class action suit brought to the CC. The EC government invoked illegal processes to impede the rightful claims of citizens. Action for those who's social benefits had been discontinued
Ghost payout - a person who has multiple identity documents, and is therefore able to claim multiple grants as if he / she was each of those persons
Eastern Cape government stopped payment of all welfare grants to prevent the corruption - the payment of ghost payouts