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.
Select target paragraph3
Add to table of contents