HORNET FORENSIC PROSECUTIONS - ALL RIGHTS RESERVED

Locus Standi can be defined as: “when the person has the right to sue or to be sued with regards to a particular matter” (Refer to Pete S, et al – Civil procedure-A practical  guide). The legal term, Locus Standi essentially applies to a plaintiff’s attempt to show to the  Court that there is ample relation or correlation or cause of action to the plaintiff from the  suit. In other words, it applies to a person’s (legal and/or natural) capacity to put a case  before the Court of Law or to testify before the Court of Law. 

There are three elements of Standing to sue or take somebody/start an action against  somebody, in a Court of Law:  

1) Injury in Fact:  To sue someone the Plaintiff must show that the other party or Defendant injured  him. 

2) Causation:  Victims/Plaintiffs must prove that the party they are suing caused them  injury/loss. 

3) Redressability:  The Court of Law must be able to do something to remedy a Plaintiff’s injury. 4) Standing to Sue:  Injury in fact. The injury caused must have been suffered, and cannot be  speculative or anticipated. Does not need to be physical harm or injury. Causation: The Plaintiffs must show that the Defendants caused their injury. Standing to sue: The victims/Plaintiffs must show that their injury resulted from  another party’s negligence or intentional conduct.

 LOCUS STANDI under the South African Constitution: 

The Locus Standi principle and its Common Law requirements still prevail and are  relevant in South African Law as it stands. This is clearly reflected in the interpretation  clause in Section 39(2), where the Courts are required to promote the spirit, object and  purpose of the Bill of Rights.

Does the Bank/Originator have LOCUS STANDI to sue a “Debtor” if the alleged monthly  repayment installments are not made?  

If the Credit Agreement you signed with the Originator (and all the relevant sureties  linked to it, – if any) have been Securitised, the Originator has NO LOCUS STANDI as it  cannot prove a loss. 

-The Debt/Credit Agreement and related security, was sold to an SPI for the total PRINCIPLE DEBT and done so “WITHOUT RECOURSE” to the seller/Originator.

-The SPI used the Investor’s money to pay the Originator, so the SPI has no loss  to prove. 

-The Investor is a “GAMBLER” and in line with the Stock Exchange’s Rules and  Regulations, the Investor invest, knowing that he can lose his total investment  and that the investor has no recourse accept his insurance cover taken out on a  possible loss.  

-None other party can sue the client/”debtor” because he has NO agreement with  any of them (but the Originator who has been paid).