Judgment No. CCZ 5/15 9 Const. Application No. CCZ 23/14 interest in the issuance of insurance or insurance brokering or in any other form of insurance activity. Their constituent instrument is entirely silent in that regard. To put it colloquially, insurance is none of their business. On this premise, it is not possible to ascribe to TOBAZ any legal standing to enforce its members’ right to equal protection and benefit of the law or their freedom to trade in the specific sphere of insurance. As for the second basis of legal standing, it must be assumed that the freedom to contract is necessarily implied in the freedom of association guaranteed by s 58 of the Constitution. I am somewhat disinclined to accept the correctness of this proposition on my interpretation of that section as being concerned with the formation and membership of voluntary associations and corporations rather than the negotiation and conclusion of commercial contracts. In any event, the more critical question for present purposes is the applicant’s claim to represent the interests of foreign motorists and the general motoring public. Taking a liberal and charitable approach, I am prepared to accept that TOBAZ is not simply a vexatious busybody and is genuinely concerned about the rights and interests of local and foreign motorists. However, what is absent in its founding and answering papers is any meaningful evidence to support its contention that these motorists have been or are likely to be prejudiced by the 2010 agency agreement between the MIP and ZIMRA or that they are in any way aggrieved by that agreement. Very crucially, there is no affidavit or other evidence from any foreign or local motorist or from any organisation representing motorists to substantiate the allegations made by

Select target paragraph3