Judgment No. CCZ 5/15 8 Const. Application No. CCZ 23/14 “58.(1) Every person has the right to freedom of assembly and association, and the right not to assemble or associate with others. (2) No person may be compelled to belong to an association or to attend a meeting or gathering.” “64. Every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law.” According to Advocate Uriri, the violation of the rights enshrined in these provisions stems from the monopolistic and restrictive arrangement between the MIP and ZIMRA, which hinders the members of TOBAZ from obtaining insurance cover specifically for their foreign clients. It also operates to restrict access to insurance cover generally by members of the motoring public. As regards the first basis proffered by TOBAZ for its legal standing in this matter, it is necessary to consider the provisions of its own Constitution which was adopted on 17 August 2012. In terms of clause 3(a), the principal objective of the association is to promote tourism activities in the country and the business interests of its members in the tourism industry. Its other objectives elaborate this principal objective and are essentially incidental to that objective. Under clause 4(a), the membership of TOBAZ consists of companies, bodies or organisations and individuals that are in the tourism industry. As is indisputably evident from the provisions of its Constitution, the objectives of TOBAZ and the business of its members are confined to the tourism industry. They are not registered insurers or brokers or licensed insurance agents. They have no legal

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