84. The expresio unius rule is an important aspect of our law. It was defined by Gubbay CJ in Cl1ivinge v Mushayakarara & Another 1998 (2) ZLR 500 (SC) 85. Thus there can be no question that the Constitution protects children but not only that it is clear that the Constitution in very obvious terms, proscribes the founding of a family which can only be done through marriage for no Constitution can promote general application to persons above the age of eighteen (18). 86. Indeed, in the execution of the Court's function as upper guardian of the minor children the paramount factor is the best interest. As argued above, whilst Respondents may argue otherwise, it is not in the best interest of children to be married before eighteen (18) years and one would argue even to have sexual intercourse before the age of eighteen (18) years. (EB) WHAT THE COURT DOES IF THERE IS AN INFRACTION 8 7. At the end of the day, if the Court finds that there is an infraction of the Bill of Rights caused by the two laws being challenged, the second stage of the enquiry is under Section 86 of the Constitution of Zimbabwe. 88. Section 86 (2) is very clear. It states that the fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom. Page 29 of 46 Applicant's Heads of Argument in the matter between: Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared by Tendai Biti Law