qualify as law. This qualification is preserved for legislation, common law principles as well as customary law. There is criteria by which laws qualify as ‘law’ for purposes of Section 86(2). In Chimakure & Others v The Attorney-General Of Zimbabwe,27 the Constitutional Court of Zimbabwe dealt with ‘law’ for purposes of limiting a right. It emphasised that the requirement that only a ‘law’ can limit rights is precept of the rule of law. The court held: The words “contained in ... any law” or “done under the authority of any law” used in s 20(2) of the Constitution have been given meaning similar to that given to such equivalent phrases as “provided by law”, “in accordance with the law”, “prescribed by law”, “determined by law” and “in terms of law” used in international human rights instruments and constitutions of other nations. In Chavunduka & Anor supra at 560F it was held that “the meaning of these phrases is substantially the same”. However, the court was alive to critical elements a provision must have in order to qualify as law. These include legality, predictability, accessibility, and precision. In August v Electoral Commission,28 a decision based on no law was taken as a clear example of a limitation that was not based or contained in a law as envisaged by the South African counterpart (Section 36 of the 1996 Constitution) to Section 86(2). All forms of legislation including delegated legislation qualify as law while policies, programme documents and contracts do not pass muster. Common law principles developed by courts also qualify as law. In other words, the recognised sources of law other than authoritative texts are law for purposes of limiting rights including artistic freedom. 1.3.4 Law of general application This quality of the law has not been part of Zimbabwean law prior to the adoption of the 2013 Constitution. ‘General application’ refers to the nature and quality of the law that qualifies to limit fundamental rights. At a formal 27 28 Judgment No. CCZ 6/201411, Const. Application No. CCZ 247/09 1999 (3) SA 1 (CC). 22 | P a g e