The law requires that a person have some personal interest in a matter in order to bring that matter before the court. This rule (called the requirement of locus standi) has sometimes prevented people wanting to raise an environmental issue, from approaching the courts because it was found that they did not have sufficient personal interest in the matter. However, the Constitution has broadened the requirement of locus standi and states that in addition to people acting in their own interest, the following people may approach a court with regard to the infringement of a person’s rights:

• Anyone acting on behalf of another person who cannot act in his/her own name
• Anyone acting as a member of, or in the interest of, a group or class of persons
• Anyone acting in the public interest
• An association acting in the interests of its members

Therefore, individuals and non-governmental organisations (NGOs) are allowed to take action to protect the environment in the public interest. One person from the group can represent the interests of the whole group. If the group does not have sufficient funds to pay the legal costs, it could approach an NGO to bring the relevant action.

NEMA also states that a person may approach the court for relief in the case of a breach, or threatened breach, of NEMA or any other environmental law if it is:

• In that person’s or group of persons’ own interest
• In the interest of, or on behalf of, a person who is, for practical reasons, unable to institute such proceedings
• In the interest of or on behalf of a group or class of persons whose interests are affected
• In the public interest and
• In the interest of protecting the environment

NEMA also contains provisions relating to the legal costs associated with taking a matter to court. It states that if a person brings a matter to court in the environmental or public interest and is not successful, if certain requirements are met, the court may decide not to order that person to pay the costs of the successful party. In addition, if the relevant person is successful, the court may decide (on application by the relevant person) to grant them certain additional legal costs to which they would not ordinarily have been entitled. These provisions should assist people who wish to bring matters to court in the environmental or public interest.