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A: Procedural Stage - 4: Jurisdiction and powers of courts in Bill of…
A: Procedural Stage - 4: Jurisdiction and powers of courts in Bill of Rights Litigation - Cases
Paulsen v Slip Knot
A matter is considered to be of general public importance when the influence is more than the interests of the litigants, and when they implicate interests of a significant part of the public
The application in this case - provisions of the NCA have a significant impact on the general public. Countless people will be effected financially. This is therefore an issue of public importance
The defence was based on validity of a loan agreement deals with interplay of legislative provisions which are inherently confusing
A matter is in the interest of justice if finding that a matter is a constitutional matter is not decisive, and when you must consider reasonable prospects of success.
What is considered an arguable point of law?
Different divisions of the HC have expressed differing opinions with no pronouncement by the SCA
No authoritative announcement on the issue
Forceful minority view of the SCA
Matter raises a new and difficult question of law
SCA expressed itself by a narrow majority
Answers not readily discernible
Must have some prospect of success
Government of the RSA v Grootboom
The written argument concentrated on the meaning and importance of shelter and the obligations imposed on the state in terms of S28(1)(c)
The broadened issue was that all persons including adults have a right to shelter and there is aminum obligation on the state in terms of S26 to provide access to this.
Human Rights Commission and Community Law Centre at UWC applied to be admitted as amicus curiae
S26(1) of the Constitution and Article 11 of the International Covenant on Economic, Social and Cultural Rights - S26 states that it is a right of access to adequate housing. Article 11 states that it is right to adequate housing.
People who stayed in an informal settlement which was water-locked, had no service delivery, moved onto private land which was better situated.
Owner got an eviction order - removed in an apartheid style eviction. All belonging destroyed in the eviction, they were thus destitute, had no possessions and no where to go