Judgment No. CCZ 12/2015 15
Const. Application No. 79/14
the fundamental human rights and freedoms enshrined in Chapter 4. A court exercising
jurisdiction under s 85(1) of the Constitution is obliged to ensure that the exercise of the right
of access to judicial remedies for enforcement of fundamental human rights and effective
protection of the interests concerned is not hindered provided the substantive requirements of
the rule under which standing is claimed are satisfied.
In Ferreira v Levin N.O. & Others (supra) at 1082G-H CHASKALSON P
writing for the Constitutional Court of South Africa made reference to the need to adopt a broad
approach to standing in constitutional cases in these terms in para. [165]:
“Whilst it is important that this Court should not be required to deal with abstract or
hypothetical issues, and should devote its scarce resources to issues that are properly
before it, I can see no good reason for adopting a narrow approach to the issue of
standing in constitutional cases. On the contrary, it is my view that we should rather
adopt a broad approach to standing. This would be consistent with the mandate given
to this court to uphold the Constitution and would serve to ensure that constitutional
rights enjoy the full measure of the protection to which they are entitled.”
Section 85(1)(d) of the Constitution is founded on the broadest conception of
standing. Its primary purpose is to ensure effective protection to any public interest shown to
have been or to be adversely affected by an infringement of a fundamental right or freedom.
Whilst its purpose is to ensure that a person who approaches a court in terms of the procedure
prescribed under the rule, has the protection of public interest as the objective to be
accomplished by the litigation, s 85(1)(d) directs against the use of the procedure to protect
private, personal or parochial interests. By definition, public interest is not private, personal
or parochial interest. An infringement of a fundamental right may cause legal injury to an
individual or prejudicially affect private interest without being of a nature that adversely affects
the interests of the community at large or a significant section of the community. The cause of
action must show that the proceedings are in the public interest.
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