 Any individual whose rights are violated or threated can approach the court for redress or protection  Any person can approach the court on behalf of another person whose rights are violated/threatened; where such a person cannot act on his/her own.  Any person who is a member of a class/group can approach a court for redress or protection on behalf of a group/class of people (such as a residents association, the elderly etc.) to enforce the concerned rights.  Anyone acting in the interest of the public can approach the court to enforce rights.  An association can act in the interests of its members. However, there are certain rights where the draft constitution requires certain qualifications for one to be entitled and claim enforcement of those rights. Such rights include the following;  The right to access basic healthcare is available to Zimbabweans and those that have permanent residence in Zimbabwe only.  The right to access basic state funded education is available to citizens and those who have permanent residence in Zimbabwe only. This means that those who do not have citizenship will not be entitled to the above stated rights. Such a provision is likely to have a major negative impact on a sizeable population of people currently without Zimbabwean citizenship, especially those working in commercial farms. Enforcement (When can one claim the enforcement of his/her rights) Section 4.40 (1) provides for enforcement of rights where the right has been violated or where the violation is underway or where the violation is imminent/likely. This means people do not have to wait for their rights to be violated for them to claim the enforcement of those rights. They can approach the court for enforcement of their rights even in cases where it is likely that their rights are threatened. The COPAC draft constitution’s bill of rights therefore provides a timely intervention to protect human rights. Limitation Human rights cannot exist without limitation. There are various reasons why rights cannot be unlimited. For instance, one must not violate other people’s rights while exercising his/her own rights. A balance is also required between exercising human rights and the need to promote/protect public interest as well as state security. In keeping with regional and international best practices, as in South Africa and Canada, the draft provides for an objective and well balanced criteria of limiting human rights. This criterion requires that limitation of human rights should only be done through a law of general application and not arbitrarily 16