Judgment No. CCZ 10 /2015 7 Const. Application No. 8/2014 Therefore the only way the applicant could have validly brought an application directly to this court would have been in terms of s 85(1). As conceded by his counsel, the applicant did not do so, but sought to rely on the two provisions mentioned. Section 85 is entitled “Enforcement of fundamental human rights and freedoms” and stipulates as follows in its subsection (1); “85 (1) any of the following persons, namely(a) any person acting in their own interests; (b) any person acting on behalf of another person who cannot act for themselves; (c) any person acting as a member, or in the interests, of a group or class of persons; (d) any person acting in the public interest; (e) any association acting in the interests of its members; is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.” (my emphasis) What is clearly evident from this provision is that the relief sought and to be granted by the court in terms of this section must relate to fundamental rights and freedoms enshrined in the relevant Chapter, and nothing else. Such relief may include a declaration of the rights said to have been or about to be violated. The applicant did not allege that the right he alleges was violated by the Supreme Court was an enshrined fundamental right. The applicant also sought to rely on s 176 of the constitution in an attempt to bring the application within the jurisdictional parameters of the Constitutional Court. His position seems to be that the inherent power conferred on the court by this section should have been invoked in his favour, and specifically to allow his application to be brought directly to this Court. This Court, being a creature of statute, can only operate within the confines of its