Judgment No. CCZ 12/2015 5 Const. Application No. 79/14 the court in terms of s 85(1)(a) of the Constitution, they did not allege that any of their own interests was adversely affected by the alleged infringement of the fundamental rights of the girl child. The respondents pointed to the fact that none of the applicants alleged that she entered into marriage with the boy who made her pregnant. They said that the applicants alleged that they got pregnant, stopped going to school and went to live with the boys concerned at their parents’ homes. The applicants did not suggest that they entered into unregistered customary law unions. The argument was that the applicants were no longer children protected from the consequences of early marriage by the fundamental rights of the child enshrined in s 81(1) of the Constitution. On the question whether the applicants had locus standi to approach the court acting in the public interest under s 85(1)(d) of the Constitution, the respondents contend that the applicants failed to satisfy the requirements of standing under the relevant provision. They alleged in the opposing affidavits, that the applicants were required to give particulars of girl children whose fundamental rights had been infringed and on whose behalf they purported to act. It was common cause that the applicants made no reference in the grounds of the application to any particular girl or girls whose rights had been, were being or were likely to be infringed by being subjected to child marriage in terms of s 22(1) of the Marriage Act or any other law. The argument was that the applicants had not produced facts to support their claim to locus standi under s 85(1)(d) of the Constitution.

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