Constitutional Court affirms the Rights of 'Public Interest Groups'

The Constitutional Court in a landmark judgment set aside a High Court judgment in respect of "public interest groups" that take on opponents with unlimited financial resources. The judgement was unanimous and the court took a poor view of public service officials who refused to supply information to 'public interest groups' when they were required to do so? It was found in this instance that the public service officials instead of acting objectively, deliberately frustrated the legitimate action of a public interest group by financially crippling it when it sought relief in the courts.

The 'public interest group' won an important High Court victory during 2005 when it was granted access to information which had been denied by a major State Department but in the action was nearly bankrupted when the High Court ordered it to pay the substantial costs of the States legal team. 

Many feared that this costs order would have an adverse effect on particularly 'public interest groups' and intimidate them from going to Court for fear that they could be at the financial disadvantage against opponents with deep pockets.

The particular 'public interest groups' then had the tenacity to take the matter all the way to the Constitutional Court to establish an important principle.

Judge Albie Sachs, on behalf of the Constitutional Court, found that 'serious misdirection' by the High Court failing to consider the vital role that public interest groups play in litigation concerning constitutional rights.Judge Albie Sachs said "the greater the public controversy, the more the need for transparency and for manifest fidelity to the principles of the Constitution"

When cost awards were decided in such cases the courts should be careful not to stifle public interest litigation but to act with impartiality. In this instance the Constitutional Court also penalised the State Department and its officials by ordering the State to foot the legal bill of the 'public interest group'.

Reference:        Biowatch Trust v Registrar & Generic Resources and Others

Pieter Rautenbach | Projects Facilitator