MOGOENG CJ pronouncement by this Court. This does not necessarily extend to or address the position of a person who seeks to intervene at an appeal stage, but did not participate in the same proceedings in the court of first instance. [19] Technicalities and senseless constraints that come with rigidity should never be allowed to stand in the way of a legitimate and demonstrably desirable pursuit and attainment of justice. True, only parties to litigation should ordinarily be allowed, by reason of their direct and active participation borne of their material interest in the case, to challenge the decision of the court which decided against them. Courts must, after all, protect scarce judicial resources by not easily allowing litigious busybodies to clog the roll in circumstances where those directly and materially affected by the outcome see no need to challenge an adverse outcome. But there are exceptions to that guiding principle and those exceptions are grounded on the interests of the public. [20] Legal principles exist to facilitate rather than to frustrate the attainment of a just, equitable, and definitive outcome. The issue of discipline, its positive and negative aspects, and the need for certainty on the disciplinary options available to parents cry out for the attention of this Court. A pronouncement by the apex court on whether the common law defence of reasonable and moderate chastisement is constitutionally invalid would clearly serve the interests of the public. That is the extent of its general and prospective application. And that thus clothes Freedom of Religion with the standing to intervene and bring an application for leave to appeal. Leave to appeal [21] Standing or leave to intervene as a party is, however, not dispositive of the application for leave to appeal. The question in relation to leave is whether it is in the interests of justice to grant it18 or whether the application raises an arguable point of law of general public importance that this Court ought to consider.19 18 Section 167(6)(b) of the Constitution. 19 Section 167(3)(b)(ii) of the Constitution. 8

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