Section 38(d) of the Constitution allows anyone acting in the public interest to approach a court alleging that a right in the Bill of Rights has been infringed or threatened. The issue is always whether a person or organisation acts genuinely in the public interest.
The court will take into account considerations such as whether
An applicant who applies to court for relief must demonstrate a legal basis for claiming the order sought. In Muldersdrift Sustainable Development Forum v The Council of Mogale City an unincorporated voluntary association that styled itself Muldersdrift Sustainable Development Forum was held to have no legal interest and no legal standing to seek a declaratory