Judgment No. CCZ 6/2016 7 Const. Application No CCZ 28/14 [8] In so far as the applicant alleges an infringement of his fundamental right enshrined in Chapter 4 of the Constitution, he may, in the absence of the rules referred to in s 85(3), be permitted to access this Court directly. On this basis he has, prima facie, the locus standi to bring his application in terms of s 85 (1) (a). But he cannot, as he has sought to do, act in his own interest as well as the public interest. This point was emphasized in Loveness Mudzuri & Anor v Minister Of Justice, Legal & Parliamentary Affairs N.O & 2 Ors8 where MALABA DCJ, delivering the judgment of the Court, held that an applicant should confine himself to one of the capacities set out in s 85 (1). At p 8 of the judgment the learned judge said: “What is in issue is the capacity in which the applicants act in claiming the right to approach the court on the allegations they have made. In claiming locus standi under s 85(1) of the Constitution, a person should act in one capacity in approaching a court and not act in two or more capacities in one proceeding” And at page 9: “The rule requires that the person claiming the right to approach the court must show on the facts that he or she seeks to vindicate his or her own interest adversely affected by an infringement of a fundamental right or freedom. The infringement must be in relation to himself or herself as the victim or there must be harm or injury to his or her own interests arising directly from the infringement of a fundamental right or freedom of another person. In other words the person must have a direct relationship with the cause of action.” [9] As to his approach in terms of s 85(1)(d), it is clear that the applicant has made no case for the public interest apart from a bare averment that he has approached the Court in terms of s 85 (1)(a) and (d). Accordingly, the only question properly before the Court for determination, and which I deal with hereunder, is whether there has been an infringement of the applicant’s fundamental right enshrined in s 56(1) to equal protection and benefit of the law. INFRINGEMENT OF SECTION 56(1) [10] Section 56(1) of the Constitution provides: 8 CCZ 12/2015