The Evolution of Standing Rules in South Africa and their Significance in Promoting Social Justice

ABSTRACT

A flexible approach to the rules of locus standi is necessary to promote access to courts and facilitate access to justice for the poor. This article surveys the development of standing rules in India, Canada and England, arguing that the jurisprudence from these jurisdictions is useful in interpreting s 38 of the Constitution. Section 38 significantly expands the scope of people who can sue for the enforcement of constitutional rights. The Constitution presents an opportunity for opening up the administrative process and for making it more accessible to ordinary people. This will be a significant step towards the establishment of a fair and a just society in which the courts are used as primary instruments to articulate and enforce constitutional rights.