Judgment No. CCZ 5/15 7 Const. Application No. CCZ 23/14 The Applicant’s Locus Standi Section 85(1) of the Constitution delineates the categories of legal standing available for the enforcement of fundamental human rights and freedoms, as follows: “(1) Any of the following persons, namely – (a) any person acting in their own interests; (b) any person acting on behalf of another person who cannot act for themselves; (c) any person acting as a member, or in the interests, of a group or class of persons; (d) any person acting in the public interest; (e) any association acting in the interests of its members; is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.” Advocate Uriri, for the applicant, submits that this application is instituted on two different bases recognised in subsection (1) of s 85. The first arises from paragraph (e) of that subsection, where TOBAZ is acting in the interests of its members to protect their right to equal protection and benefit of the law, under s 56, and their freedom of profession, trade or occupation, under s 64. The second basis accrues from paragraphs (c) and (d), where TOBAZ is acting in the interests of a group or class of persons and in the public interest to protect the rights of foreign motorists and the general public to the freedom of contract, implicit in the freedom of association under s 58, so as to contract with insurers of their choice and thereby obtain cheaper insurance cover. The fundamental rights and freedoms invoked by TOBAZ are enunciated in the Constitution as follows: “56.(1) All persons are equal before the law and have the right to equal protection and benefit of the law.”