Standing on unsteady ground : AREVA NP Incorporated in France v Eskom SOC LTD
Date
2019-03-18
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ASSAf
Abstract
Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a multi-billion-rand tender. Although the majority of the Constitutional Court recognised the public importance of the case, it adjudicated the dispute entirely on a preliminary point. It found that the applicant did not have legal standing to seek the judicial review of the award of the tender.
This case note has three aims. First, I will argue that the Constitutional Court's majority judgment in Areva was generally unpersuasive. Second, I will attempt to show that Areva exposes an unresolved legal question: when should a court consider the merits of a case made by a litigant with questionable standing? Third, I will propose a method for resolving this question by way of substantive judicial reasoning in any given case.
Description
CITATION: Van Eetveldt, W.-H. 2019. Standing on unsteady ground : AREVA NP Incorporated in France v Eskom SOC LTD. Potchefstroom Electronic Law Journal, 22:1-27, doi:10.17159/1727-3781/2019/v22i0a3285.
The original publication is available at https://journals.assaf.org.za
The original publication is available at https://journals.assaf.org.za
Keywords
Locus standi, Government purchasing, Substantive judicial reasoning, Transformative adjudication, Tender-dispute
Citation
Van Eetveldt, W.-H. 2019. Standing on unsteady ground : AREVA NP Incorporated in France v Eskom SOC LTD. Potchefstroom Electronic Law Journal, 22:1-27, doi:10.17159/1727-3781/2019/v22i0a3285.