Tag archives: Legal standing

Legal standing of voluntary association acting in the public interest on rights issues

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
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 there … Continue reading

Not every busybody has legal standing

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
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 … Continue reading
LexBlog