20 Judgment No. CCZ 2/18 Constitutional Application No. CCZ 86/15 Section 44(1) of the Constitution imposes on the Legislature an obligation to respect, protect, promote and fulfil the fundamental human rights and freedoms enshrined in Chapter IV when exercising the legislative powers in terms of s 117 (2)(b) of the Constitution. RIGHT TO EQUAL PROTECTION OF THE LAW The gist of the argument presented by Mr Mpofu was that the financial obligation imposed on the applicants violates their right to equal protection of the law because it is imposed retrospectively under the transitional provision. As with any law, retrospective legislation enjoys a presumption of constitutionality. The challenger bears the burden of proving that the retrospective legislation violates the protection of the fundamental human right or freedom guaranteed to him or her or it by the Constitution. If infringement is established and the right or freedom is derogable, the State has the burden of justifying the limitation of the fundamental human right or freedom in terms of s 86(2) of the Constitution. Section 56(1) of the Constitution provides as follows: “56 Equality and non-discrimination (1) All persons are equal before the law and have the right to equal protection and benefit of the law.” It is common cause that the purpose behind the retrospective application of the legislation was the protection of employees whose contracts were terminated on notice from uncompensated loss of employment at the initiative of the employers. The content of the purpose was the provision of the mechanism and formula for the payment of compensation to employees whose contracts were terminated on notice for loss of employment and the imposition on employers who terminated