Judgment No. CCZ 12/2015 16 Const. Application No. 79/14 Public interest is one of those value laden and amorphous concepts, the limits and substance of which is difficult to define with precision. Section 85(1)(d) of the Constitution does not define public interest. The reason is that it does not require a narrow approach which seeks to answer the question “what is public interest”. The courts in many jurisdictions have preferred to leave the definition of public interest open. They prefer to determine the question of public interest on the basis of the circumstances of each case. Given that most violations of fundamental human rights and freedoms are fact and context specific, it is appropriate to keep concepts such as “public interest" broad and flexible to develop in line with changing times and social conditions reflective of community attitudes. The words “in the public interest” qualify the action to be taken to ensure that it is one intended to achieve the purpose for which locus standi under s 85(1)(d) is designed. The term “in the public interest” as used in s 85(1)(d) of the Constitution classically imparts a discretionary value judgment to be made by reference to undefined factual matters, as they change from case to case. The facts are confined only in so far as the subject matter, the scope and purpose of the fundamental right allegedly infringed enable. There are many areas of national and community activities which may be subject to the public interest. Used in the context of s 85(1)(d) of the Constitution, public interest does not mean that which gratifies curiosity or merely satisfies appetite for information or amusement. It is also necessary to distinguish between “what is in the public interest” and what is of interest to the public. R v Inhabitants of the County of Bedfordshire [1855] 24 LJQB 81 at 84, Lion Laboratories Limited v Evans [1985] QB 526 at 553.O’Sullivan v Farrer [1989] 168 CLR 210 at 216.