Judgment No. CCZ 5/15 14 Const. Application No. CCZ 23/14 would not only condone its members’ flagrant violation of the law but also sanction and perpetuate that illegality under the cover of their alleged fundamental rights. Equally significantly, the principal fundamental right that TOBAZ relies upon to ground its legal standing before this Court, viz. the right of every person to choose and carry on any profession, trade or occupation, is itself made expressly subject to the crucial qualification that the practice of a profession, trade or occupation may be regulated by law. In the present context, the right of its members to engage in business as insurance brokers is regulated by the Insurance Act. Unless and until they are duly registered under that Act, it is patently impermissible for them to invoke the right to carry on any activity regulated by that Act in circumstances that are clearly not countenanced by the Constitution itself. In short, TOBAZ and its members have no cognisable constitutional cause of action. Disposition To conclude, the applicant has no locus standi in judicio under s 85(1) of the Constitution, Additionally, the declaratory and other relief that it seeks cannot properly be granted by this Court. This application must accordingly fail on these procedural grounds. Given this conclusion, it is not necessary to delve into or determine the remaining substantive issue as to whether or not the impugned 2010 agency agreement operates to violate the constitutional rights of TOBAZ, its members and local or foreign motorists.

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