Judgment No. CCZ 12/2015 13 Const. Application No. 79/14 Constitution imposes the obligation on the State and every institution and agency of the government at every level to respect, protect, promote and fulfil the fundamental rights and freedoms enshrined in Chapter 4 of the Constitution. The constitutional obligation requires the State to protect every fundamental right and freedom regardless of the social and economic status of the right-holder. Like a shepherd who cannot escape liability for a lost sheep by claiming ignorance of what happened to it, the State is expected to know what is happening to fundamental rights and freedoms enshrined in Chapter 4. It is under an obligation to account, in the public interest, for any infringement of a fundamental right even by a private person. The scheme of fundamental human rights and freedoms enshrined in Chapter 4 is based on the constitutional obligation imposed on the State and every institution and agency of the government at every level to protect the fundamental rights and freedoms to ensure that they are enjoyed in practice. Section 85(1) of the Constitution is the cornerstone of the procedural and substantive remedies for effective judicial protection of fundamental rights and freedoms and the enforcement of the constitutional obligation imposed on the State and every institution and agency of the government at every level to protect the fundamental rights in the event of proven infringement. The right to a remedy provided for under s 85(1) of the Constitution is one of the most fundamental and essential rights for the effective protection of all other fundamental rights and freedoms enshrined in Chapter 4. The right to a remedy enshrined in s 85(1) constitutes a constitutional obligation inherent in Chapter 4 as a whole.