Chief Justice Andrew Nyirenda SC and Honourable Justice Edward Twea
SC—were not parties to the judicial review application. Instead, the action
was commenced by third parties (the Human Rights Defenders Coalition, the
Association of Magistrates, and the Malawi Law Society) claiming a public
interest in the issue.
38. The Supreme Court made a pertinent observation that while public interest
litigation serves a vital role in holding government accountable, it must not be
allowed to degenerate into a free-for-all where any entity can litigate on behalf
of individuals who are fully capable of asserting their own rights. The doctrine
of locus standi exists to ensure that only those with a direct and substantial
interest in a matter can invoke the Court’s jurisdiction.
39. In the present matter, domestic workers, like the 1st Claimant, can sue in their
own right. We are of the opinion that the 2nd Claimant has failed to
demonstrate that it has suffered any injury that must be addressed legally and
so we find that the 2nd Claimant lacks standing.
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