Introduction

In my article published last week, I wrote about special pleas in legal proceedings.

I explained that a special plea is defined as an objection on the basis of certain facts which do not appear in the plaintiff's declaration or particulars of claim and has the effect of either destroying or postponing the action.

In my said article I gave examples of special pleas which include locus standi, lack of jurisdiction, prescription, special plea of arbitration, non-joinder and mis-joinder, miscitation, res judicata, lis pendens.

Some of the above special pleas were covered in the case of Tendai Mashamhanda v Bariadie Investments and Others, HC 3955/22, Judgement number HH 141-23 ("Mashamhanda v Bariadie").

In this article I look at the special plea of locus standi.

Locus standi

Locus standi has been defined in many decided cases. It is based on common law. In very simple terms it is the right of a party to legal proceedings to bring the legal action or be heard in legal proceedings.

It has also been defined as the right or ability of a party to bring a legal action to a court of law or to appear in court. In other situations it has been defined as the legal capacity of a party to institute proceedings in a court of law.

Put differently, a party has locus standi if he or she has legal justification to approach a court for the relief sought and has a direct and substantial interest in the outcome of the legal proceedings.

In the Mashamhanda v Bariadie case (above or supra), citing Wikipedia, it was argued that in law, standing or locus standi is a condition that a party seeking a legal remedy must show that they have by demonstrating to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

Reference was made to the case of Sibanda & Ors v The Apostolic Faith Mission of Portland Oregon (South Africa headquarters) Inc, SC 49/18. In that case it was held that:

"It is trite locus standi is the capacity of a party to bring a matter before a court of law. The law is clear on the point that, to establish locus standi, a party must show a direct and substantial interest in the matter".

In the Mashamba v Bariadie case, above, it was stated that it is settled that the principle of locus standi is concerned with the relationship between the cause of action and the relief sought.

Thus, a party needs to show that they have a direct, personal and substantial interest in the matter in contention.

In Makarudze & Anor v Bungu & Ors HH8/15, the court remarked as follows regarding the concept of locus standi:

"Locus standi in judicio refers to one's right, ability or capacity to bring legal proceedings in a court of law. One must justify by showing that one has a direct and substantial interest in the subject matter of the action, which could be prejudicially affected by the judgment of the court".

Examples of situation where a party has locus standi

Where a party who is a signatory to a contract alleges that his or her contractual rights are being violated and that the decision of the court will affect those rights. For example, a purchaser of a property wishing to approach the court to assert his or her rights, based on alleged violation by the seller of terms and conditions a signed agreement of sale.

A party whose rights in terms of certain laws such as legislation are being violated and, that the decision of the court will impact that party's rights. For example, a person approaching a court of law to seek relief against a neighbour who is polluting the environment.

A party may approach a court of law seeking relief against another party for negligence. For example negligent driving that has caused an accident and therefore injury to the aggrieved person or damage to his or her vehicle.

Conclusion

Locus standi is widely used in legal proceedings as a special plea or preliminary objection so that a matter is not heard on its merits.

Disclaimer

This simplified article is for general information purposes only and does not constitute the writer's professional advice.