Judgment No. CCZ 12/2015 11 Const. Application No. 79/14 The corporation alleged that the statute was unconstitutional because it infringed the fundamental right to freedom of religion of non-Christians who did not observe Sunday as the day of rest and worship. In getting the statute declared unconstitutional, the corporation’s primary purpose was the protection of its own commercial interests and freedom from criminal prosecution for alleged breach of an invalid statutory provision. A similar issue arose in Morgentaler’s case (supra): Male doctors who were prosecuted under anti-abortion provisions successfully challenged the constitutionality of the legislation in terms of which they were prosecuted. The legislation directly infringed the rights of pregnant women who were the victims of the anti-abortion provisions. The rights, the infringement of which formed the basis of the constitutional challenge, were of pregnant women. The rights did not and could not vest in the male doctors. If pregnant women were free to consult the doctors for purposes of abortion, the doctors would benefit financially from charging for services rendered in performing the abortions. The doctors had their own financial and personal interests to protect in challenging the constitutionality of the anti-abortion legislation on the ground that it infringed the fundamental right of pregnant women to security of the person enshrined in s 7 of the Charter. Mr Biti conceded that the applicants were not victims of the alleged infringements of the fundamental rights of girl children involved in early marriages. They failed to show that any of their own interests were adversely affected by the alleged infringement of the rights of girl children subjected to early marriages. They could not identify any girl child or girl children the infringement of whose rights could be said to have directly and adversely affected their own interests. Since the applicants were not victims of the infringements of the fundamental rights enshrined in s 81(1) of the Constitution as they are not

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