10 [16] During the argument the contents of sections 21, 22, 33, 36, 38 and 39 of the Constitution were also raised. [17] With regard to locus standi the applicant relied on section 38(a) of the Constitution which provides for locus standi for a person in his position, and also section 38(d), as his application will indeed have the effect that he is acting in the public interest. [18] The applicant also imparted the following particulars about himself, and in general, in his founding papers, which particulars and facts were not challenged: a) That he is presently earning an income which he intends to bring into the Republic of South Africa at the end of 2009 when he returns to South Africa. b) That he is obtaining experience in the workplace which experience will also be to the benefit of the Republic when he returns to South Africa at the end of 2009. c) He did not have such money or such experience when he left South Africa which he, in terms of the Bill of Rights of the Constitution (section 21(2)) was entitled to do. d) He did not regard it as being in the public interest that he be rejected and disowned by his fatherland and he stated that he verily believed that on the probabilities there were many other likeminded and patriotic South African citizens who were in a similar position, as he is. e) He stated that he believed that the State must respect, protect, promote and fulfil his rights listed in the Bill of Rights and that by treating him on an unequal footing, compared to other citizens, the State was infringing upon his dignity and personhood. f) That he is a loyal and patriotic South African and as proof thereof he related that he matriculated after the first democratic elections in 1994 and the Constitution came into effect in 1996 and that during 2004 whilst he was a