Judgment No. CCZ 9/18 Civil Appeal No. CCZ 5/18 Section 86 (2) provides: “86 Limitations of rights and freedoms (1)…… (2) The fundamental rights and freedoms set out in this chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors including: (a) the nature of the right or freedom concerned; (b) the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest. (c) The nature or the extent of the limitation; (d) The need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others, (e) The relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose and (f) Whether there are any less restrictive means of achieving the purpose of the limitation.” It has been urged upon the court by counsel for the applicant that in considering whether s 27 can be saved under this section, the court must make a sequential inquiry, going through all the factors that are listed in the section seriatim. While this may be a logical and convenient manner of proceeding, I do not believe that the law directs the court to march its thought processes in this regimented manner. Clearly, the law directs the court to test the infringing law under four specific heads. These are whether such a law is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom. In testing the infringing law against these specific yardsticks, the court is enjoined to take into account all relevant factors including the factors spelt out in the section. 13