Judgment No. CCZ 5/15 9
Const. Application No. CCZ 23/14
interest in the issuance of insurance or insurance brokering or in any other form of
insurance activity. Their constituent instrument is entirely silent in that regard. To put it
colloquially, insurance is none of their business. On this premise, it is not possible to
ascribe to TOBAZ any legal standing to enforce its members’ right to equal protection
and benefit of the law or their freedom to trade in the specific sphere of insurance.
As for the second basis of legal standing, it must be assumed that the freedom to
contract is necessarily implied in the freedom of association guaranteed by s 58 of the
Constitution. I am somewhat disinclined to accept the correctness of this proposition on
my interpretation of that section as being concerned with the formation and membership
of voluntary associations and corporations rather than the negotiation and conclusion of
commercial contracts. In any event, the more critical question for present purposes is the
applicant’s claim to represent the interests of foreign motorists and the general motoring
public.
Taking a liberal and charitable approach, I am prepared to accept that TOBAZ is
not simply a vexatious busybody and is genuinely concerned about the rights and
interests of local and foreign motorists. However, what is absent in its founding and
answering papers is any meaningful evidence to support its contention that these
motorists have been or are likely to be prejudiced by the 2010 agency agreement between
the MIP and ZIMRA or that they are in any way aggrieved by that agreement. Very
crucially, there is no affidavit or other evidence from any foreign or local motorist or
from any organisation representing motorists to substantiate the allegations made by