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(2) The fact that a person has contravened a law does not debar him or her from
approaching a court for relief under subsection (1).
(3) The rules of every court must provide for the procedure to be followed in cases where
relief is sought under subsection (1), and those rules must ensure that—
(a) the right to approach the court under subsection (1) is fully facilitated;
(b) formalities relating to the proceedings, including their commencement, are kept to the
minimum;
(c) the court, while observing the rules of natural justice, is not unreasonably restricted by
procedural technicalities; and
(d) a person with particular expertise may, with the leave of the court, appear as a friend
of the court.
(4) The absence of rules referred to in subsection (3) does not limit the right to commence
proceedings under subsection (1) and to have the case heard and determined by a court.
PART 5
LIMITATION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
4.43 Limitation of rights and freedoms
(1) The fundamental rights and freedoms set out in this Chapter must be exercised
reasonably and with due regard for the rights and freedoms of other persons.
(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 an open, just and democratic society based on 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 and 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.
(3) No law may limit the following rights enshrined in this Chapter, and no person may
violate them—
(a) the right to life, except to the extent specified in section 4.5;
(b) the right to human dignity;
Select target paragraph3
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