PART IV ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 64 Application to Constitutional Court for redress (1) Anyone listed in subsection (2) may apply to the Constitutional Court for a remedy if they consider that a right or freedom set out in Part II has been, is being or is likely to be infringed. (2) The persons who may make an application under subsection (1) are(a) anyone acting in their own interest; (b) anyone acting in the interests or on behalf of human beings or juristic persons that cannot act in their own name; (c) anyone acting as a member of, or in the interest of, a group or class of persons; (d) an association acting in the interest of its members; (e) anyone acting in the public interest. 65 Reference of question to Constitutional Court If an issue arises in legal proceedings as to whether or not a right or freedom set out in Part II has been, is being or is likely to be infringed, the court hearing the proceedings– (a) may decide the issue itself or, on its own initiative, refer the issue to the Constitutional Court for decision; (b) must refer the issue to the Constitutional Court for decision if requested to do so by any party to the proceedings, unless the court considers the raising of the issue to be frivolous or vexatious. 66 Jurisdiction of Constitutional Court (1) The Constitutional Court has power to decide any issue arising on an application or reference to it under this Part and to make whatever orders and give whatever directions the court considers appropriate in order to enforce the right or freedom at issue. (2) The Constitutional Court may decline to exercise its powers under subsection (1) if it considers that the person whose right or freedom is alleged to have been infringed has adequate means of redress under another provision of this Constitution or under another law. (3)) In addition to any other powers it may have, the Constitutional Court may dismiss an application or reference without hearing the parties if the court considers that the application or reference is frivolous or vexatious, but if it does so it must provide the parties with its reasons. (4) A written law may(a) confer additional powers on the Constitutional Court; (b) provide for the practice and procedure of the Constitutional Court and other courts in applications and references under this Part; (c) fix reasonable time-limits within which applications may be brought to the Constitutional Court. 67 Jurisdiction of all courts in constitutional matters (1) This Part does not limit the power of any court to decide, under its ordinary jurisdiction, whether or not a right or freedom set out in Part II has been, is being or is likely to be infringed. - 37 -