Traditionally, South African courts have adopted a restrictive attitude to the issue of standing, generally requiring that a person who approaches the court is entitled to claim only relief which is in that person’s own interest. The interim Constitution (1993) contains a clause – section 7(4) of chapter 3, entitled ‘Fundamental Rights’, but commonly known as the Bill of Rights – which ensures that this restrictive approach will not be perpetuated with regard to the enforcement of fundamental rights. The reason why it is important to have such a clause in the Constitution is that people whose fundamental rights are infringed may not practically be in a position to approach the court for relief. This article first outlines the opportunities which South Africa’s courts have had to liberalize the standing rule in the past and their failure to do so. Next, it analyses the various subsections of section 7(4) of the interim Constitution. Notes, ref.
