Litigation:

The value of class action

- Hans-Jurie Moolman

Events, decisions, and actions by individuals and/or the state often affect the rights of others. In many instances, more than one person, institution, or interest group may be impacted.

Our legislative and decision-making processes are designed to include public participation or consultation with individuals. This ensures that decisions are made with due recognition of competing interests and potential impacts on rights. Unfortunately, these processes are not always followed.

Unlawful decision-making

In some cases, even when processes are formally observed, underhanded tactics, such as fabricating evidence, can create the illusion that public and stakeholder rights have been considered. Often, affected parties only become aware of the consequences when the decision is already at an advanced stage of implementation.

Some of the key issues frequently involved in such cases are:

• Decisions by provincial governments regarding activities that require environmental approval.

• Applications for prospecting, mining, or exploration.