The actuary as amicus curiae

Abstract

The role of an amicus curiae as a party to litigation is closely linked to promoting constitutional values and protecting the public interest. There is no question that interventions by amici curiae have played a critical role in aiding the judiciary in many public interest cases. The Actuarial Society of South Africa is prioritising its focus on advancing issues of public interest and serving a broader spectrum of the populace. However, it has yet to utilise this specific mechanism to manifest this mandate. The Actuarial Society of South Africa can provide a numerical perspective on various rights disputes deriving from the Constitution. In contrast, the courts have asked other professional bodies, such as the South African Institute of Chartered Accountants, to join proceedings. Actuarial bodies, particularly those in the United States of America, are actively involved in public interest matters and occasionally join amicus curiae proceedings. Following an exploration of the use of amici curiae in South African and African courts, this paper seeks to identify a test case where the Actuarial Society of South Africa may join proceedings as a friend of the court. The mechanism and procedure for joining the court as an amicus curiae and the risks and benefits of joining proceedings are examined.