34. In the landmark case of Sierra Club v Morton 405 U.S. 727 (1972), the United States Supreme Court ruled that an organization must demonstrate a direct, tangible link to the harm being claimed, rejecting mere ideological interest as insufficient for standing. This decision highlighted the necessity of aligning Court access with concrete legal injuries rather than abstract advocacy. 35. Similarly, the United Kingdom case of R v Inland Revenue Commissioners, ex parte National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617 reinforced the requirement that applicants must show a sufficient personal or direct interest in the matter. The House of Lords clarified that standing should be assessed in light of the specific facts of the case, ensuring that frivolous or generalized claims do not encumber judicial processes. 36. Moreover, in Canada, the Supreme Court's decision in Canada (Attorney General) v Downtown Eastside Sex Workers United Against Violence Society 2012 SCC 45, introduced a flexible approach to public interest standing. While the Court acknowledged the importance of procedural safeguards, it also stressed the need to consider the public's access to justice. Applicants could be granted standing if they demonstrated a serious issue to be tried, a genuine interest, and the absence of a more appropriate plaintiff. 37. In our jurisdiction, the Supreme Court of Appeal has recently buttressed this point in The President of Republic of Malawi (Prof. Peter Mutharika) and Secretary to Cabinet (Justice Lloyd Muhara) v Human Rights Defenders Coalition and Others SCA Civil Appeal Number 5 of 2022. In that matter, the two Justices directly affected by the appellants’ decision—the Honourable Page 15 of 45

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