An alternative to challenging a decision not to investigate a case is to initiate a “private action” for justice. Example: The World Bank`s Complaints Service allows communities affected by a World Bank-funded project to complain whether it has affected them or will affect them. This mechanism has been used by community leaders in India whose land has been polluted and forcibly displaced as a result of a World Bank development project. After complaining to the World Bank`s inspection body, they managed to change the World Bank`s policy and force it to take additional guarantees as part of the project. You can start a judicial review procedure where a court could order an inquiry. If, after reviewing your report, the law enforcement agency decides to pursue the case, it is responsible for gathering evidence and taking the matter to court. If these conditions are met, filing your claim in another country may be an effective way to obtain a desirable solution to your claim. This will require a good mix of creative thinking and a lot of help from international networks. South Africa In South Africa, any person with the right to bring a private action in relation to a crime may do so in any court of competent jurisdiction. For example, the National Act on Environmental Management (107/1998) expressly provides for private prosecution in connection with environmental protection. An alternative to going to court is to file a complaint with an alternative resolution mechanism. These are non-binding dispute resolution bodies. In other words, these are bodies that can hear a complaint, but can only issue an inapplicable recommendation or opinion to resolve the dispute, not a binding decision.
This may be useful to the parties, but it means that the eventual resolution of the dispute always depends on the goodwill of the parties. As a general rule, only a legally recognized “person” or “entity” may have standing, but not an informal grouping or an abstract concept. In some cases, claimants must also use multiple courts or legal mechanisms to obtain justice. In general, the police are responsible for conducting criminal investigations and the Public Prosecutor`s Office is responsible for bringing criminal cases to court after the police have investigated. In some areas, there may also be specialised government bodies that conduct criminal investigations into specific offences (e.g. anti-corruption authorities). Two civil society organizations, IHRDA and WARDC, filed a lawsuit in the ECOWAS Community Court on behalf of Mary Sunday. Mary Sunday was a Nigerian woman who was a victim of domestic violence at the hands of her husband, a police officer. She complained to local law enforcement agencies in Nigeria, but they were unwilling to investigate and prosecute a case involving a member of her police force. Example: South Africa In South Africa, the law states that if a prosecution is not initiated, a person can initiate private prosecution if he can prove a significant interest in the crime in question. This rule has been interpreted restrictively, since it applies only to natural persons and not to legal persons. To bring a civil or administrative matter before the courts, you must have the right to bring an action.
This requirement is called locus standi. The next hierarchical level will often include the High Court. This can be a federal/state court or a state court. Some cases can be brought directly before these courts A case before the court of minor civil claims can be decided at any time. However, it will take a few months for a lawsuit to take place if the other party does not accept your claim. The execution of the judgment will then take some time, and if the other party has been asked to pay you money, the debt may not be paid immediately, but in installments. Once you have identified the courts that could hear your case, you must determine whether you have met or can meet the procedural requirements to bring an action in that court. This could include ensuring that: Therefore, local communities had to use other legal systems to obtain justice. Despite initial successes, the possibility of making claims in the United States has been ruled out by the Supreme Court, which requires that the activities have a clear connection to the United States.